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The Election Laws 
of the State of Ohio 

and of the United States of America 


SO FAR AS THEY RELATE TO THE 
CONDUCT OF ELECTIONS AND 
THE DUTIES OF OFFICERS IN 
CONNECTION THEREWITH 444** 



COMPILED BY 

LE.WIS C. LAYLIN, Secretary of State 

1902 







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THE 

ELECTION LAWS 


OF THE 

STATE OF OHIO 

M 

AND OF 

THE UNITED STATES OF AMERICA 


SO FAR AS THEY RELATE TO THE CONDUCT OF 
ELECTIONS AND THE DUTIES OF OFFICERS 
IN CONNECTION THEREWITH. 


Compiled by 

THE SECRETARY OF STATE. 



COLUMBUS, OHIO: 

F. J. HEER, STATE PRINTER. 
1902 







































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ELECTION LAWS OF THE UNITED STATES. 


CITIZENSHIP. 

Sec. 1992. All persons born in the United States and 
not subject to any foreign power, excluding Indians not 
taxed, are declared to be citizens of the United States. 

Sec. 1993. All children heretofore born or hereafter 
born out of the limits and jurisdiction of the United States, 
whose fathers were or may be at the time of their birth citi¬ 
zens thereof, are declared to be citizens of the United States; 
but the rights of citizenship shall not descend to children 
whose fathers never resided in the United States. 

Sec. 1994. Any woman who is now or may hereafter 
be married to a citizen of the United States, and who might 
herself be lawfully naturalized, shall be deemed a citizen. 

Sec. 1995. All persons born in the district of country 
formerly known as the territory of Oregon, and subject to 
the jurisdiction of the United States on the 18th [of] May, 
1872, are citizens in the same manner as if born elsewhere 
in the United States. 

Sec. 1996. All persons who deserted the military or 
naval service of the United States, and did not return there¬ 
to or report themselves to a provost marshal within sixty 
days after the issuance of the proclamation by the Presi¬ 
dent, dated the 11th day of March, 1865, are deemed to have 
voluntarily relinquished and forfeited their rights of citi¬ 
zenship, as well as their right to become citizens; and sucli 
deserters shall be forever incapable of holding any office of 
trust or profit under the United States, or of exercising any 
rights of citizens thereof. 

Sec. 1997. No soldier or sailor, however, who faith¬ 
fully served according to his enlistment until the 19th day 
of April, 1865, and who, without proper authority or leave 
first obtained quit his command or refused to serve after 
that date, shall be held to be a deserter from l he army or 
navy; but this section shall be construed solely as a removal 
of any disability such soldier or sailor mav have incurred, 
under the preceding section, by the loss of citizenship and 
of the right to hold office in consequence of his desertion. 


.* 

? 


Who are citi¬ 
zens. 


Children of citi¬ 
zens born 
abroad. 


Married women. 


Persons born in 
Oregon. 


Forfeiture of 
citizenship. 


Certain soldiers 
and sailors 
exempted from 
forfeiture. 




4 


ELECTION LAWS OF THE UNITED STATES. 


Avoiding the 
draft. 


, Right of expa- 
1 triation de¬ 
clared. 

I 


Protection of 
naturalized citi¬ 
zens in foreign 
states. 


Interference by 
army or naval 
officers. 


Race, color or 
previous condi¬ 
tion not to affect 
the right to vote. 


Aliens, how 
naturalized. 


Declaration 
of intention. 


Sec. 1998. Every person who hereafter deserts the 
military or naval service of the United States, or who, being; 
duly enrolled, departs the jurisdiction of the district in 
which he is enrolled, or goes beyond the limits of the United 
States with intent to avoid any draft into the military 
or naval service, lawfully ordered, shall be liable to all the 
penalties and forfeitures of section nineteen hundred and 
ninety-six. 

Sec. 1999. Whereas, the right of expatriation is a 
natural and inherent right of all people, indispensable to- 
the enjoyment of the rights of life, liberty, and the pursuit 
of happiness; and whereas, in the recognition of this prin¬ 
ciple this government has freely received emigrants from all 
nations, and invested them with the rights of citizenship; 
and whereas it is claimed that such American citizens, with 
their descendants, are subject of foreign states, owing alle¬ 
giance to the governments thereof; and whereas, it is nec¬ 
essary to the maintenance of public peace that this claim of 
foreign allegiance should be promptly and finally disa¬ 
vowed : Therefore, any declaration, instruction, opinion, 
order, or decision of any officer of the United States which 
denies, restricts, impairs, or questions the right of expatria¬ 
tion, is declared inconsistent with the fundamental prin¬ 
ciples of the republic. 

Sec. 2000. All naturalized citizens of the United 
States, while in foreign countries, are entitled to and shall 
receive from this government the same protection of per¬ 
sons and property which is accorded to native born citizens. 

THE ELECIVE FRANCHISE. 

Sec. 2003, No officer of the army or navy of the 
United States shall prescribe or fix, or attempt to prescribe 
or fix, by proclamation, order, or otherwise, the qualifica¬ 
tions of voters in any state, or in any manner interfere with 
the freedom of any election in any state, or with the exer¬ 
cise of the free right of suffrage in any state. 

Sec. 2004. All citizens of the United States who are 
otherwise qualified by law to vote at any election by the 
people in any state, territory, district, county, city, parish, 
township, school district, municipality, or other territorial 
subdivision, shall be entitled and allowed to vote at all such 
elections, without distinction of race, color, or previous 
condition of servitude; any constitution, law, custom, usage, 
or regulation of any state or territory, or by or under its 
authority, to the contrary notwithstanding. 

NATURALIZATION. 

Sec 2165. An alien may be admitted to become a citi¬ 
zen of the United States in the following manner, and not 
otherwise: 

First. He shall declare on oath, before a circuit or dis¬ 
trict court of the United States, or a district or supreme 
court of the Territories, or a court of record of any of the 


ELECTION LAWS OF THET UNITED STATES. 


5 


States having common-law jurisdiction, and a seal and 
clerk, two years, at least, prior to his admission, that it is 
bona fide his intention to become a citizen of the United 
States, and to renounce forever all allegiance and fidelity to 
any foreign prince, potentate, state, or sovereignty, and, 
particularly, by name, to the prince, potentate, state, or sover¬ 
eignty of which the alien may be at the time a citizen or 
subject. 

Second. He shall, at the time of his application to be ad¬ 
mitted, declare, on oath, before some one of the courts above 
specified, that he will support the Constitution of the United 
States, and that he absolutely and entirely renounces and 
abjures all allegiance and fidelity to every foreign prince, 
potentate, state, or sovereignty; and, particularly, by name, 
to the prince, potentate, state, or sovereignty of which he 
was before a citizen or subject; which proceedings shall be 
recorded by the clerk of the court. 

Third. It shall be made to appear to the satisfaction of 
the court admitting such alien that he has resided within 
the United States five years at least, and within the 
State or Territory where such court is at the time held, 
one year at least; and that during that time he has be¬ 
haved as a man of good moral character, attached to the 
principles of the Constitution of the United States, and well 
disposed To the good order and happiness of the same; but 
the oath of the applicant shall in no case be allowed to prove 
his residence. 

Fourth. In case the alien applying to be admitted to 
citizenship has borne any hereditary title, or been of any of 
the orders of nobility in the kingdom or state from which 
he came, he shall, in addition to the above requisites, make 
an express renunciation of his title or order of nobility in the 
court to which his application is made, and his renunciation 
shall be recorded in the court. 

Fifth. Any alien who was residing within the limits 
and under the jurisdiction of the United States before the 
twenty-ninth day of January, one thousand seven hundred 
and ninety-five, may be admitted to become a citizen, on 
due proof made to some one of the courts above specified, 
that he has resided two years, at least, within the jurisdiction 
of the United States, and one year, at least, immediately 
preceding his application, within the State or Territory 
where such court is at the time held; and on his declaring 
on oath that he will support the Constitution of the United 
States, and that he absolutely and entirely renounces and 
abjures all allegiance and fidelity to any foreign prince, 
potentate, state, or sovereignty, and, particularly, by name, 
to the prince, potentate, state, or sovereignty whereof he 
was before a citizen or subject; and, also on its appearing 
to the satisfaction of the court, that during such term of two 
years he has behaved as a man of good moral character, at¬ 
tached to the Constitution of the United States, and well 


Oath to sup¬ 
port the Con¬ 
stitution ot 
the United 
States. 


Residence in 
United States, 
or States, and 
good moral 
character. 


Titles of no¬ 
bility to be 
renounced. 


Persons re¬ 
siding in the 
United States 
before Jan¬ 
uary 29, 1795. 


6 


ELECTION LAWS OE THE UNITED STATES. 


Persons re¬ 
siding be¬ 
tween June 18, 
1798, and June 
18, 1812; dec¬ 
laration for 
naturalization, 
made. 


Aliens honor¬ 
ably dis¬ 
charged from 
military ser¬ 
vice. 


disposed to the good order and happiness of the same; and 
where the alien, applying for admission to citizenship, has 
borne any hereditary title, or been of any of the orders of 
nobility in the kingdom or state from which he came, on 
his, moreover, making in the court an express renunciation 
of his title or order of nobility. All of the proceedings, re¬ 
quired in this condition to be performed in the court, shall 
be recorded by the clerk thereof. 

Sixth. Any alien who was residing within the limits 
and under the jurisdiction of the United States, between the 
eighteenth day of June, one thousand seven hundred and 
ninety-eight, and the eighteenth day of June, one thousand 
eight hundred and twelve, and who has continued to reside 
within the same, may be admitted to become a citizen of the 
United States without having made any previous declaration 
of his intention to become such; but whenever any person, 
without a certificate of such declaration of intention, makes 
application to be admitted a citizen, it must be proved to the 
satisfaction of the court, that the applicant was residing 
within the limits and under the jurisdiction of the United 
States before the eighteenth day of June, one thousand eight 
hundred and twelve, and has continued to reside within the 
same; and the residence of the applicant within the limits 
and under the jurisdiction of the United States, for at Ieasf 
five years immediately preceding the time of such applica¬ 
tion, must be proved by the oath of citizens of the United 
States, which citizens shall be named in the record as wit¬ 
nesses ; and such continued residence within the limits and 
under the jurisdiction of the United States, when satis¬ 
factorily proved, and the place where the applicant has 
resided for at least five years, shall be stated and set forth, 
together with the names of such citizens, in the record of 
the court admitting the applicant; otherwise the same shall 
not entitle him to be considered and deemed a citizen of the 
United States. [Be it enacted by the Senate and House of 
Representatives of the United States of America in Congress 
assembled, That the declaration of intention to become a 
citizen of the United States, required by section two thousand 
one hundred and sixty-five of the Revised Statutes of the 
United States, may be made by an alien before the clerk of 
any of the courts named in said section two thousand one 
hundred and sixty-five; and all such declarations heretofore 
made before any such clerk are hereby declared as legal and 
valid as if made before one of the courts named in said 
section.] 

Sec. 2166. Any alien, of the age of twenty-one years 
and upward, who has enlisted, or may enlist, in the armies 
of the United States, either the regular or the volunteer 
forces, and has been, or may be hereafter, honorably dis¬ 
charged, shall be admitted to become a citizen of the United 
States, upon his petition, without any previous declaration 
of his intention to become such; and he shall not be required 


EJECTION RAWS OF THE UNITED STATES. 


to prove more than- one year’s residence within the United 
States previous to his application to become such citizen; 
and the court admitting such alien shall, in addition to such 
proof of residence and good moral character, as now pro¬ 
vided by law, be satisfied by competent proof of such per¬ 
son’s having been honorably discharged from the service of 
the United States. 

Sec. 2167. Any alien, being under the age of twenty- 
one years, who has resided in the United States three years 
next preceding his arriving at that age, and who has con¬ 
tinued to reside therein to the time he may make application 
to be admitted a citizen thereof, may, after he arrives at 
the age of twenty-one years, and after he has resided five 
years within the United States, including the three years of 
his minority, be admitted a citizen of the United States, 
without having made the declaration required in the first 
condition of section twenty-one hundred and sixty-five; but 
such alien shall make the declaration required therein at the 
time of his admission; and shall further declare, on oath, and 
prove to the satisfaction *of the court, that, for two years 
next preceding, it has been his bona fide intention to become 
a citizen of the United States; and he shall in all other 
respects comply with the laws in regard to naturalization. 

Sec. 2168. When any alien, who has complied with 
the first condition specified in section twenty-one hundred 
and sixty-five, dies before he is actually naturalized, the 
widow and the children of such alien shall be considered 
as citizens of the United States, and shall be entitled to all 
rights and privileges as such, upon taking the oaths pre¬ 
scribed by law. 

Sec. 2169. The provisions of this title shall apply to 
aliens [being free white persons, and to aliens] of African 
nativity and to persons of African descent. 

Sec. 2170. No alien shall be admitted to become a 
citizen who has not for the continued term of five years next 
preceding his admission resided within the United States. 

Sec. 2171. No alien who is a native citizen .or subject, 
or a denizen of any country, state, or sovereignty with which 
the United States are at war, at the time of his application, 
shall be then admitted to become a citizen of the United 
States; but persons resident within the United States, or the 
Territories thereof, on the eighteenth day of June, in the 
year one thousand eight hundred and twelve, who had be¬ 
fore that day made a declaration, according to law, of their 
intention to become citizens of the United States, or who 
were on that day entitled to become citizens without making 
such declaration, may be admitted to become citizens thereof, 
notwithstanding they were alien enemies at the time and in 
the manner prescribed by the laws heretofore passed on that 
subject; nor shall anything herein contained be taken or 
construed to interfere with or prevent the apprehension and 


Minor resi¬ 
dents. 


Widow and 
children of 
declarants. 


Aliens of Af¬ 
rican nativity 
and descent. 


Residence of 
five years in 
the United 
States. 

Alien enemies 
not admitted. 


8 


ELECTION LAWS OF THE UNITED STATES. 


Children of 
persons natu¬ 
ralized under 
certain laws to 
be citizens. 


Naturalization 
of seamen. 


Taking false 
oath in natu¬ 
ralization. 


False persona¬ 
tion, etc., in 
procuring nat¬ 
uralization. 


removal, agreeably to law, of any alien enemy at any time 
previous to the actual naturalization of such alien. 

Sec. 2172. The children of persons who have been 
duly naturalized under any law of the United States, or who, 
previous to the passing of any law on that subject, by the 
Government of the United States, may have become citizens 
of any one of the States, under the laws thereof, being under 
the age of twenty-one years at the time of the naturalization 
of their parents, shall, if dwelling in the United States, be 
considered as citizens thereof; and the children of persons 
who now are, or have been, citizens uf the United States, 
shall, though born out of the limits and jurisdiction of the 
United States, be considered as citizens thereof; but no per¬ 
son heretofore proscribed by any State, or who has been 
legally convicted of having joined the army of Great Britain 
during the Revolutionary War, shall be admitted to become 
a citizen without the consent of the legislature of the State 
in which such person was proscribed. 

Sec. 2174. Every seaman, being a foreigner, who de¬ 
clares his intention of becoming a citizen of the United States 
in any competent court, and shall have served three years 
on board of a merchant-vessel of the United States subse¬ 
quent to the date of such declaration, may, on his applica¬ 
tion to any competent court, and the production of his 
certificate of discharge and good conduct during that time, 
together with the certificate of his declaration of intention 
to become a citizen, be admitted a citizen of the United 
States; and every seaman, being a foreigner, shall, after 
his declaration of intention to become a citizen of the United 
States, and after he shall have served such three years, be 
deemed a citizen of the United States for the purpose of 
manning and serving on board any merchant-vessel of the 
United States, anything to the contrary in any act of Con¬ 
gress notwithstanding; but such seaman shall, for all pur¬ 
poses of protection as an American citizen, be deemed such, 
after the filing of his declaration of intention to become such 
citizen. 

Sec. 5395. In all cases where any oath or affidavit 
is made or taken under or by virtue of any law relating to 
the naturalization of aliens, or in any proceedings under 
such laws, any person taking or making such oath or 
affidavit who knowingly swears falsely, shall be punished 
by imprisonment not more than five years, nor less than 
one year, and by a fine of not more than one thousand dollars. 

Sec. 5424. Every person applying to be admitted a 
citizen, or appearing as a witness for any such person, who 
knowingly personates any. other person than himself, or 
falsely appears in the name of a deceased person, or in an 
assumed or fictitious name, or falsely makes, forges, or coun¬ 
terfeits any oath, notice, affidavit, certificate, order, record, 
signature, or other instrument, paper, or proceeding required 
or authorized by any law relating to or providing for the 


ELECTION LAWS OF THE UNITED STATES. 


9 


naturalization of aliens; or who utters, sells, disposes of, or 
uses as true or genuine, or for any unlawful purpose, any 
false, forged, ante-dated, or counterfeit oath, notice, certifi¬ 
cate, order, record, signature, instrument, paper, or proceed¬ 
ing above specified; or sells or disposes of to any person, 
other than the person for whom it was originally issued, any 
certificate of citizenship, or certificate showing any person 
to be admitted a citizen, shall be punished by imprisonment 
at hard labor not less than one year, nor more than five 
years, or by a fine of not less than three hundred nor more 
than one thousand dollars, or by both such fine and im¬ 
prisonment. 

Sec. 5425. Every person who uses, or attempts to use, 
or aids, or assists, or participates in the use of any certificate 
of citizenship, knowing the same to be forged, or counter¬ 
feit, or ante-dated, or knowing the same to have been pro¬ 
cured by fraud or otherwise unlawfully obtained; or who, 
without lawful excuse, knowingly is possessed of any false, 
forged, ante-dated, or counterfeit certificate of citizenship, 
purporting to have been issued under the provisions of any 
law of the United States relating to naturalization, knowing 
such certificate to be false, forged, ante-dated, or counterfeit, 
with intent unlawfully to use the same; or obtains, accepts, 
or receives any certificate of citizenship known to such per¬ 
son to have been procured by fraud or by the use of any false 
name, or by means of any false statement made with intent 
to procure, or. to aid in procuring, the issue of such certifi¬ 
cate, or known to such person to be fraudulently altered or 
ante-dated; and every person who has been or may be ad¬ 
mitted to be a citizen who, on oath or by affidavit, knowingly 
denies that he has been so admitted, with intent to evade 
or avoid any duty or liability imposed or required by law, 
shall be imprisoned at hard labor not less than one year nor 
more than five years, or be fined not less than three hun¬ 
dred dollars nor .more than one thousand dollars, or both 
such punishments may be imposed. 

Sec. 5426. Every person who in any manner uses for 
the purpose of registering as a voter, or as evidence of a 
right to vote, or otherwise, unlawfully, any order, certificate 
of citizenship, or certificate, judgment, or exemplification, 
showing any person to be admitted to be a citizen, whether 
heretofore or hereafter issued or made, knowing that such 
order or certificate, judgment, or exemplification has been 
unlawfully issued or made; and every person who unlaw¬ 
fully uses, or attempts to use, any such order or certificate, 
issued to or in the name of any other person, or in a 
fictitious name, or the name of a deceased person, shall 
be punished by imprisonment at hard labor not less than 
one year nor more than five years, or by a fine of not less 
than three hundred nor more than one thousand dollars, or 
by both such fine and imprisonment, 


Using false 
certificate of 
citizenship, 
etc. 


Using false 
certificate, 
etc., as evi¬ 
dence of a 
right to vote. 


10 


ELECTION LAWS OF THE UNITED STATES. 


Aiding or 
abetting vio¬ 
lation of pre¬ 
ceding sec¬ 
tions. 


Falsely claim¬ 
ing citizen¬ 
ship. 


Provisions 
applicable to 
all courts of 
naturalization. 


Sec. 5427. Every person who knowingly and inten¬ 
tionally aids or abets any person in the commission of any 
felony denounced in the three preceding sections, or attempts 
to do any act therein made felony, or counsels, advises, or 
procures, or attempts to procure, the commission thereof 
shall be punished in the same manner and to the same ex¬ 
tent as the principal party. 

Sec. 5428. f Every person who knowingly uses any 
certificate of naturalization heretofore granted by any court,, 
or hereafter granted, which has been or may be procured 
through fraud or by false evidence, or has been or may be 
issued by the clerk, or any other officer of the court without 
any appearance and hearing of the applicant in court and 
without lawful authority; and every person who falsely rep¬ 
resents himself to be a citizen of the United States, without 
having been duly admitted to citizenship, for any fraudulent 
purpose whatever, shall be punishable by a fine of not more 
than one thousand dollars, or be imprisoned not more than 
two years, or both. 

Sec. 5420. The provisions of the five preceding sec¬ 
tions shall apply to all proceedings had or taken, or at¬ 
tempted to be had or taken, before any court in which any 
proceeding for naturalization may be commenced or at¬ 
tempted to be commenced. 


If a court have any jurisdiction of a common law origin, it is, in this respect, within 
the provisions of the Revised Statutes. Hence, the Probate Courts in Ohio have jurisdiction 
to admit aliens to citizenship: Ex parte Smith, 3 L. Gaz., 237; Ex parte, Wingard, 1 W. L. 
Mo., 453, s. c. 4 L. Gaz., 109; contra, 2 L. Gaz., 318; Opinion of Atty. Gen. McCook, (Ms.) 
So, the Police Court of Lowell, Mass. (Ex parte Gladhill, '8 Met., 168); Criminal Court of 
St. Louis, Missouri (People v. Brackett, 77 Hi., 644); Lexington (Kentucky) City Court (Mor¬ 
gan v. Dudley, 18 B. Monroe, 693); County Courts, California (Conner’s case, 39 Cal., 98); 
County Courts, Illinois (Dale v. Irwin, 78 Ill., 170, overruling Knox v. Davis, 63 Ill., 405); 
County Courts, Texas (Burkhardt, ex parte, 16 Texas, 470); and County Courts, New York 
(People v. Pease, 30 Barb., 588), each have jurisdiction for such purpose. But the Police 
Court of Lynn, Mass. (Ex parte, Cregg, 2 Curtis, C. C., 98), and the Police Court of Nashua, 
N. H. (State v. Wittemore, 50 N. H. 245), not having the office of clerk distinct from that of 
judge, are not within the act of Congress. But see Ex parte Smith, Ex parte Wingard, supra. 
The Marine Court of New York is not within the act, because it is not a court of record. 
Mills v. McCabe, 44 Ill. 194. 

The legislature may prohibit the courts of the state from exercising the jurisdiction; 
Stephens’ case, 4 Gray 559; Beavins’ case, 33 N. H. 89. 

Where the proceeding is in a state court, false swearing therein may be punished in the 
state courts, and it is no answer that it may also be punished in the courts of the United 
States: Rump v. Com., 30 Pa. St. 475; State v. Wittemore, 50 N. H. 245. 

In Vaux v. Nesbitt, 1 McCord’s Ch. 352, it was held that the record is not conclusive- 
but, except as to the jurisdiction of the court, the rule is clearly the other way: Spratt v! 
Spratt, 4 Peters 393. 

Although a state may permit aliens to vote at a state election, yet a state can not make 
an alien a citizen of the state except in the mode pointed out in the' above provisions, so as 
to deprive him of the right to remove a cause on the ground that he is an alien • Lant 7 v 
Randall, 3 Cent. L. Jour. 688. 

A citizen of the empire of China can not be naturalized: Ah Yup’s case, before Sawver 
J., 12 Am. L. Rev. 812. J r 

CRIMES AGAINST ELECTIVE FRANCHISE. 

Sec. 5507. Every person who prevents, hinders, con¬ 
trols, or intimidates another from exercising, or in exer¬ 
cising, the right of suffrage, to whom that right is guaran¬ 
teed by the fifteenth amendment to the Constitution of the 
United States, by means of bribery or threats of depriving 
such person of employment or occupation, or of ejecting. 


Intimidating 
voters by 
bribery or 
threats. 


ELECTION LAWS OF THE UNITED STATES. 


11 


such person from a rented house, lands, or other property, 
or by threats of refusing to renew leases or contracts for 
labor, or by threats of violence to himself or family, shall be 
punished as provided in the preceding section. 

Sec. 5508. If two or more persons conspire to injure, 
oppress, threaten, or intimidate any citizen in the free ex¬ 
ercise or enjoyment of any right or privilege secured to him 
by the Constitution or laws of th£ United States, or because 
of his having so exercised the same; or if two or more per¬ 
sons go in disguise on the highway, or on the premises of 
another, with intent to prevent or hinder his free exercise 
or enjoyment of any right or privilege so secured, they shall 
be fined not more than five thousand dollars and imprisoned 
not more than ten years; and shall, moreover, be thereafter 
ineligible to any office, or place of honor, profit, or trust 
created by the Constitution or laws of the United States. 

Sec. 5509. If, in the act of violating any provision in 
either of the two preceding sections, any other felony or 
misdemeanor be committed, the offender shall be punished 
for the same with such punishment as is attached to such 
felony or misdemeanor by the laws of the state in which the 
offense is committed. 

Sec. 5510. Every person who, under color of any law, 
statute, ordinance* regulation, or custom, subjects or causes 
to be subjected, any inhabitant of any state or territory to 
the deprivation of any rights, privileges, or immunities, 
secured or protected by the Constitution and laws of the 
United States, or to different punishments, pains, or pen¬ 
alties, on account of such inhabitant being an alien, or by 
reason of his color or race, than are prescribed for the pun¬ 
ishment of citizens, shall be punished by a fine of not more 
than one thousand dollars, or by imprisonment not* more 
than one year, or by both. 

Sec. 5516. Every person who wilfully obstructs, hin¬ 
ders, or prevents any officer or other person charged with 
the execution of any warrant or process issued under the 
provisions of sections nineteen hundred and eighty-four and 
nineteen hundred and eighty-five, Title “Civil Rights,” or 
any person lawfully assisting him, from arresting any per¬ 
son for whose apprehension such warrant or process may 
have been issued; or rescues or attempts to rescue such 
person from the custody of the officer or other person law¬ 
fully assisting when so arrested, pursuant to the authority 
herein given; or aids, abets, or assists any person so arested, 
directly or indirectly, to escape from the custody of the 
officer or other person legally authorized to arrest the party; 
or harbors or conceals any person for whose arrest a warrant 
or process has been issued, so as to prevent his discovery 
and arrest, after notice or knowledge of the fact that a 
warrant has been issued for the apprehension of such per¬ 
son, shall, for any of such offenses, be subject to a fine 
ot not more than one thousand dollars, or imprisonment 
not more than six months, or both.. 


Conspiracy to 
injure or intimi¬ 
date citizens in 
the exercise of 
civil rights. 


Other crimes 
committed in 
violating pre¬ 
ceding sections.- 


Depriving citi¬ 
zens of civil 
rights under 
color of state 
laws. 


Obstructing exe¬ 
cution of pro¬ 
cess in civil 
rights cases. 


12 


ELECTION LAWS OF THE UNITED STATES. 


Marshal refus¬ 
ing to receive or 
execute process. 


•Conspiracy to 
prevent accept¬ 
ing or holding 
office under 
United States, 
etc. 


•Conspiracy to 
deprive any per¬ 
son of the equal 
protection of 
the laws. 


Unlawful pres¬ 
ence of troops 
at elections. 


Intimidation of 
voters by offi¬ 
cers, etc., of army 
•or navy. 


Sec. 5517. Every marshal and deputy marshal who 
refuses to receive any warrant or other process when ten¬ 
dered to him, issued in pursuance of the provisions of sec¬ 
tion nineteen hundred and eighty-five, Title “Civil Rights,” 
or refuses or neglects to use all proper means diligently to 
execute the same, shall be liable to a fine in the sum of one 
thousand dollars, for the benefit of the party aggrieved 
thereby. 

Sec. 5518. If two or more persons in any state or ter¬ 
ritory conspire to prevent, by force, intimidation, or threat, 
any person from accepting or holding any office, trust, or 
place of confidence under the United States, or from dis¬ 
charging any duties thereof; or to induce by like means any 
officer of the United States to leave any state, district, or 
place where his duties as an officer are required to be per¬ 
formed, or to injure him in his person or property on ac¬ 
count of his lawful discharge of the duties of his office, or 
while engaged in the lawful discharge thereof, or to injure 
his property, so as to molest, interrupt, hinder, or impede 
him in the discharge of his official duties; each of such per¬ 
sons shall be punished by a fine of not less than five hundred 
nor more than five thousand dollars, or by imprisonment, 
with or without hard labor, not less than six months nor 
more than six years, or by both such fine and imprisonment. 

Sec. 5519. If two or more persons in any state or ter¬ 
ritory conspire, or go in disguise on the highway or on the 
premises of another, for the purpose of depriving, either 
directly or indirectly, any person or class of persons ot the 
equal protection of the laws, or of equal privileges and 
immunities under the laws; or for the purpose of prevent¬ 
ing or hindering the constituted authorities of any state or 
territory from giving or securing to all persons within such 
state*or territory the equal protection of the laws; each 
of such persons shall be punished by a fine of not less than 
five hundred nor more than five thousand dollars, or by im¬ 
prisonment, with or without hard labor, not less than six 
months nor more than six years, or by both such fine and 
imprisonment. 

Sec. 5528. Every officer of the army or navy, or other 
person in the civil, military or naval service of the United 
States, who orders, brings* keeps, or has under his authority 
or control, any troops or armed men at any place where a 
general or special election is held in any state, unless such 
force be necessary to repel armed enemies of the United 
States, or to keep the peace at the polls, shall be fined not 
more than five thousand dollars, and suffer imprisonment 
at hard labor not less than three months nor more than 
five years. 

Sec. 5529. Every officer or other person in the mili¬ 
tary or naval service, who, by force, threat, intimidation, 
order, advice, or otherwise, prevents, or attempts to prevent, 
any qualified voter of any state from freely exercising the 
right of suffrage at any general or special election in such 


ELECTION LAWS OF THE UNITED STATES. 


m 


state, shall be fined not more than five thousand dollars, 
and imprisoned at hard labor not more than five years. 

Sec. 5530. Every officer of the army or navy who pre¬ 
scribes or fixes, or attempts to prescribe or fix, whether by 
proclamation, order, or otherwise, the qualifications or 
voters at any election in any state, shall be punished as pro¬ 
vided in the preceding section. 

Sec. 5531. Every officer or other person in the mili¬ 
tary or naval service, who, by force, threat, intimidation, 
order, or otherwise compels, or attempts to compel, any 
officer holding an election in any state to receive a vote 
from a person not legally qualified to vote, or who imposes 
or attempts to impose, any regulations for conducting any 
general or special election in a state different from those 
prescribed by law, or who interferes in any manner with any 
officer of an election in the discharge of his duty, shall 
be punished as provided in section fifty-five hundred and 
twenty-nine. 

Sec. 5532. Every person convicted of any of the 
offenses specified in the five preceding sections shall, in 
addition to the punishments therein severally prescribed, be 
disqualified from holding any office of honor, profit, or trust 
under the United States; but nothing in those sections shall 
be construed to prevent any officer, soldier, sailor, or marine 
from exercising the right of suffrage in any election district 
to which he may belong, if otherwise qualified according 
to the laws of the state in which he offers to vote. 


Officers of 
army or navy 
prescribing 
qualifications 
of voters. 


Interference of 
same with officer 
of election, etc. 


Disqualification 
for holding 
office. 


PROVISIONS 


'Who may vote. 


By ballot. 


Voters, when 
privileged/from 
arrest. 


Forfeiture of 
elective fran- 
■chise. 


OF THE 

Constitution of the State of Ohio 

OF 1851, 

RELATING TO ELECTIONS. 


ARTICLE V. 

ELECTIVE FRANCHISE. 

Sec. 1. Every white 1 male citizen of the United States, 
of the age of twenty-one years, who shall have been a resi¬ 
dent of the state one year next preceding the election, and 
of the county, township, or ward, in which he resides, such 
time as may be provided by law, shall have the qualifications 
of an elector, and be entitled to vote at all elections. [See 
Const. 1802, Art. IV., §§ 1, 5.] 

1 This restriction on the elective franchise is now abrogated by the four¬ 
teenth and fifteenth articles of amendment to the Federal Constitution. Arti¬ 
cle XIV, so far as it relates to this subject, is as follows: “All persons born or 
naturalized in the United States and subject to the jurisdiction thereof, are citi¬ 
zens of the United States and of the state wherein they reside.” The fifteenth 
article provides that: 1. “ The right of the citizens of the United States to vote 
shall not be denied or abridged by the United States, or by any state, on account 
of race, color, or previous condition of servitude. 2. The Congress shall have 
power to enforce this article by appropriate legislation.” Such legislation has 
been enacted by Congress. 

Sec. 2. All elections shall be by ballot. [See Const. 
1802, Art. IV, § 2.] 

1 Debates, 693 ; 2 Debates, 10, 811, 838, 860, 870. 

Sec. 3. Electors during their attendance at elections, 
and in going to, and returning therefrom, shall be privi¬ 
leged from arrest in all cases, except treason, felony, and 
breach of the peace. [See Const. 1802, Art. IV, § 3.] 

a Debates, 693; 2 Debates, 10, 811, 838, 860, 870. 

Sec. 4. The General Assembly shall have power to ex¬ 
clude from the privilege of voting, or of being eligible to 
office, any person convicted of bribery, perjury, or other 
infamous crimes. [See Const. 1802, Art. IV, § 4.] 

1 Debates, 693; 2 Debates, 10, 352, 811, 838, 861, 870. 



PROVISIONS OF THE CONSTITUTION OF OHIO. 


It 


Sec. 5. No person in the military, naval, or marine 
service of the United States, shall, by being stationed in any 
garrison, or military, or naval station, within the State, be 
considered a resident of this State. 

Sec. 6 . No idiot, or insane person, shall be entitled to 
the privileges of an elector. 

The vote of a man otherwise qualified, who is neither a lunatic nor an idiot, 
but whose faculties are simply greatly enfeebled by age, ought not to be rejected. 
Sinks v. Reese , 19 O. S., 307. 


Persons not 
considered resi¬ 
dents of the 
state. 


Idiots or in¬ 
sane persons 


1 Debates, 693; 2 Debates, 10, 811, 838, 861, 870. 


OHIO ELECTION LAWS. 


ORIGINAL SURVEYED TOWNSHIPS. 


When original 
township may 
be organized 
and incorpo¬ 
rated. 


Sec. 1366. As soon as there are four, or more, electors 
in any original surveyed township of five or six miles 
square, or fractional township, wherein there is either the re¬ 
served section twenty-nine or sixteen, or where said section 
sixteen has been disposed of by congress and any other sec¬ 
tion granted in lieu thereof, whether such other section be 
situate within or without said original township, and in all 
other fractional townships which by law are entitled to a 
section or a part of a section for school purposes, the said 
electors, or any of them, may apply to the county commis¬ 
sioners for the organization and incorporation of such orig¬ 
inal township or fractional township. [73 v. 186, § 1.] 


Application to 
commissioners, 
and their order 
thereon, and 
notice of elec¬ 
tion. 


Sec. 1367. On the application of any of said electors, 
and it being made to appear to the satisfaction of the county 
commissioners, that there are at least four electors in any 
such original township or fractional township, the commis¬ 
sioners shall order an election of three trustees and one 
treasurer therein, and give at least fifteen days’ written no¬ 
tice of such election, by setting up in three of the most pub¬ 
lic places in the township such notices, designating the time 
and place of such election, and the place shall^be as near the 
center of such township as practicable. [29 v. 490, § 2.] 


conduct of elec- Sec. 1368. Said election shall be conducted in the 
thSrpowers? 68 '’ same manner as township elections in civil townships, and 
shall be held on the same day that township elections in said 
township are held, except that in any original surveyed 
township which lies in more than one township or county, 
the elections shall be held on the first Monday of May, the 
place of holding said election to be as near the center of the 
township as can be, and at least fifteen days’ notice of such 
election to be given by notices posted in five or more of the 
public places of the original surveyed township, and the 
trustees of such township shall be a body corporate,, with 
power to contract and be contracted with, sue and be sued, 
and to take charge of such section or sections, or parts of 
section or sections, and to manage the same according to the 
best interests thereof. [87 v. 112.] 



OHIO ELECTION LAWS. 


17 


Sec. 1369. The trustees and treasurer shall hold their 
offices for three years, and a like election shall be held 
every third year, of which the trustees shall give fifteen 
days previous notice as aforesaid, and they failing so to 
do, any elector may at any time thereafter, by like notice, 
call an election. Provided, however, that in all counties 
having at the last federal census a population of not less 
than 17,566 nor more than 17,570, if said trustees shall at 
any time fail to give said fifteen days 5 notice as aforesaid, 
then the county auditor shall appoint from among the 
electors of such township three trustees and one treasurer, 
who shall hold their offices for the same term and perform 
the same duties and have the same powers as if elected as 
aforesaid. [93 v. 151]. 

Sec. 1371. When it comes to the knowledge of the 
county auditor that the electors of any such township have 
failed to apply to the commissioners as aforesaid, for one 
year after such application is authorized, or that in any such 
township the trustees and treasurer elected have failed to 
qualify or to perform the duties incumbent upon them, the 
auditor shall appoint from among the electors of such town¬ 
ship three trustees and one treasurer, who shall hold their 
offices for the same term and perform the same duties, and 
have the same powers as if elected as aforesaid. And in 
case the term of office of such trustees and treasurer have 
expired, and no successors have been elected or appointed, 
as by this chapter provided, an election may be ordered, as 
provided in section thirteen hundred and sixty-seven. In 
case such application is made, the commissioners of the 
county in which said reserved section, or part thereof, is 
substituted, shall order an election, designating the time and 
place of holding the same. They shall appoint three judges 
and two clerks to conduct such election, who shall give no¬ 
tice of the same by posting in some of the most public places 
within such township, written or printed notices thereof. 
Said election shall be conducted in the same manner as 
township elections in civil townships. [91 v. 276.] 

Sec. 1418. Section sixteen, and all lands in lieu there¬ 
of, granted for school purposes, may be sold, and such sales 
shall be according to the regulations hereinafter prescribed. 
[70 v. 195, § 133.] 

Sec. 1419. In cases where there has been no vote 
taken for the sale of any such land, the trustees of any town¬ 
ship to which such lands belong, shall, at least thirty days 
prior to the taking of such vote, cause not less than eight 
notices to be posted up in as many of the most public places 
of such township, notifying the voters resident therein to 
meet at some convenient place and time therein specified, 
and then and there cast their ballots for or against the sale 
of any such lands belonging to such township; and if such 
vote result in a refusal to sell such lands, the trustees may, 
in the same manner, authorize the taking of a subsequent 
vote as often as they deem proper; but no such subsequent 
vote shall be taken until one year has elapsed since the last 
preceding vote. [70 v. 195, § 134.] 


Terms of office 
and subsequent 
election. 


Carroll county.. 


When auditor 
may appoint 
trustees and 
treasurer. 


When may be 
elected. 


School lands 
may be sold. 


Proceedings 
when vote has 
not been taken. 


Trustees may 
authorize sub¬ 
sequent vote. 


18 


OHIO ELECTION LAWS. 


townsh? °shaii Sec. 1420. The trustees of the township shall preside 

preSdeat* a at the taking of such ballots, and shall appoint two clerks, 
who shall keep two poll-books, containing the names of the 
voters and the result of the ballot, which poll-books must 
Sdep°osUed a11 be signed by the trustees and clerks; and in case such bal- 
with auditor. lots result in favor of a sale, the trustees shall, within ten 
days after such election, deposit one of said poll-books with 
the auditor of the county within which said lands (or the 
greater portion thereof) are situated, with a copy of the no¬ 
tice given, and the affidavit of one or more of the trustees, 
stating the manner of giving said notices, and the time and 
place of putting up the same, which notices, affidavit, and 
poll-book shall be by said auditor copied into a book for 
that purpose to be provided, and when so recorded, such 
record shall be proof of the facts therein stated. [70 v. 195, 
§ 135.] 

CIVIL TOWNSHIPS. 


flection in new 
township. 1 


When and where 
election to be 
held. 


1$ 


;ts and 
cs. 


Place of holding 
elections. 


Sec. 1441. When a new township is set off, the county 
commissioners shall forthwith give public notice bv adver¬ 
tisement, in three public places in such township, at least 
ten days before the time, of the time'and place of holding an 
election for township officers, and the electors of such town¬ 
ship shall at such time and place assemble, and then and 
there elect township officers; and the officers so elected shall 
hold their offices until the next annual township election, 
and their successors are elected and qualified. [51 v. 489, 

§ i-\ 

Sec. 1442. On the first Monday of April, annually, the 
electors of each township shall assemble at such place as is 
appointed by the trustees thereof (or by the advertisement of 
the commissioners, in case of a newly set off township), for 
the purpose of electing their township officers; and the elec¬ 
tors, when so assembled to the number of twelve or more, 
either at the annual or any special township election or 
meeting, between the hours of six and ten before noon, shall 
proceed to choose, viva voce, three persons having the qual¬ 
ification of electors, judges of the election, and two persons 
having like qualifications, to serve as clerks; but in town¬ 
ships for which township officers have been chosen for the 
preceding year, the trustees shall serve as judges, and the 
clerk and such other person as the judges appoint, shall 
serve as clerks of election then to be held, and if either of the 
trustees or clerks fail to attend, the place of such trustee or 
clerk shall be filled by the electors, viva voce, as aforesaid; 
provided, that, if the trustees of any township belong to the 
same political party, then the person not a member of the 
same political party as the trustees, having received the next 
highest vote for the office of trustee at the next preceding 
township election shall act as judge in the place of the trus¬ 
tee last elected for the term of three years; and provided, 
further, that the clerk selected as herein provided shall not 
be a member of the same political party as the township 
clerk. [89 v. 195.] 

Sec. 1443. The trustees shall fix the place of holding 
elections within their township, or of any election precinct 


OHIO ELECTION LAWS. 


19 


thereof, and they may purchase or lease for this purpose a 
house and suitable grounds, or by permanent lease or other¬ 
wise, a site, and erect thereon a house; and upon a vote of a 
majority of the electors of the township or a precinct thereof 
voting at any general election in favor of a tax therefor, at 
least thirty days’ notice having been given by posting up 
such written notices in at least five of the most public places 
in such township or precinct that at such election a vote 
would be taken for or against a tax to purchase a site and 
build a town hall, the trustees may purchase a site and erect 
thereon a town hall for such township or precinct, the whole 
not to cost over two thousand dollars, and levy a tax on all 
the taxable property within such township or precinct to 
pay the same. [90 v. 257.] 

Sec. 2935. If a judge of election, or the clerk of any 
township, fail to attend at the time and place of holding 
elections, or is a candidate for a state or county office, the 
electors present shall choose, viva voce, a suitable person, 
having the^ qualifications of an elector, to act in place of such 
absentee oY candidate, as judge or clerk of such election; 
and in the election of such person or persons, the same 
limitations and restrictions shall be observed as are pre¬ 
scribed in section two thousand nine hundred and twenty- 
six, so that the two leading political parties, in all cases, 
shall have a representation on the board; and previous to 
the reception of any vote, such judge or clerk, or any judge 
or clerk not being already duly sworn and qualified accord¬ 
ing to law, shall take an oath, which may be administered by 
any trustee or clerk of a township, or councilman, or other 
person authorized to administer oaths, in the following- 
form : “You, A. B., do solemnly swear (or affirm) that you 
will perform the duties of judge, or clerk, of the election, as 
the case may be, according to law and the best of your abil¬ 
ity, and that you will studiously endeavor to prevent fraud, 
deceit, or abuse in conducting the same.” [89 v. 429.] 

Sec. 2936. A person elected judge of election who re¬ 
fuses to qualify as such, or a judge of election or clerk who 
refuses to discharge the duties imposed by law, or a person 
chosen to act in place of either, who refuses to act, shall 
forfeit and pay a sum not exceeding twenty dollars, for the 
use of the county, to be recovered, with costs, in the name 
of the county, before any justice of the peace of the proper 
township. [89 v. 426.] 

Sec. 1444. The trustees at every election, or township 
meeting, have power to cause any disorderly person to be 
removed, and, if necessary, confined until the close of such 
election, or meeting; and every constable present shall obey 
their orders and directions, for the purpose of preserving 
order at such meeting. [51 v. 489., § 24.] 

Sec. 1445. At least twenty days before the annual 
township meeting, the trustees shall issue their warrant to a 
constable of the township, directing him to notify the elec- 


Towti hall. 


Vacancy in 
office of judge 
or clerk. 


Oath of judges 
and clerks. 


r 


Penalty for re¬ 
fusal to serve as 
judge or clerk. 


.Shall preserve 
order at elec¬ 
tions. 


Notice of 
annual town¬ 
ship meeting 
for election, etc. 


20 


OHIO ELECTION LAWS. 


How notice 
served. 


Who to be sworn 
as judges and 
clerks, and by 
whom. 


Election of 

township 

officers. 


Assessor when 
precinct com¬ 
posed of terri¬ 
tory from two or 
more town¬ 
ships ; Hamil¬ 
ton county. 


Laws governing 
judges and 
clerks. 


Tie vote. 


Terms of office. 


Trustees of new 
township. 


Tie vote. 


Treasurer and 
clerk. 


tors of such township to assemble at the time and place ap¬ 
pointed for the annual meeting and said w r arrant shall 
enumerate the officers to be chosen at such meeting; and on 
application of two or more freeholders of the township, for 
that purpose, the trustees shall insert in said warrant such 
other business, matter, or thing, as may be proposed to,be 
submitted to said township meeting. [51 v. 489, § 1G.] 

Sec. 144G. The constable who receives such warrant 
shall notify the electors of the township, by setting up copies 
of such warrant in at least three public places in such town¬ 
ship, at least ten days before the meeting of the electors ; but 
where the office of one or more of the trustees is vacant, the 
township clerk, together with the trustee or trustees in 
office, shall issue the warrant aforesaid. [51 v. 489, § 17.] 

Sec. 1447. Before receiving any votes, the judges and 
clerks who are not trustees or township clerk shall take the 
oath of office, which mav be administered bv them. [51 v. 
489, § 6.] 

Sec. 1448. After the judges and clerks have been qual¬ 
ified as aforesaid, the electors shall proceed to the election 
of one township clerk, one trustee, one township treasurer 
and such number of constables as may be directed by the 
trustees, and one supervisor of roads by the electors of each 
road district, and one assessor for the township, or if the 
township is divided into two or more election precincts,, 
then for each precinct in which such election is held; pro¬ 
vided, that when any precinct in any county is composed of 
territory from two or more townships, for the purpose of 
electing assessors such territory shall be considered as part 
of the precinct adjacent thereto, in the township in which 
it is located, excepting in counties containing cities of the 
first grade of the first class; and the judges and clerks in 
discharging their duties in said election shall be governed 
in all respects by the law regulating elections, but it shall 
not be necessary to send a poll-book to the clerk of the 
court of common pleas of the proper county; and in case 
any two or more persons have the highest and an equal 
number of votes for any one of the township offices directed 
to be filled, the clerk and judges of the election shall determ¬ 
ine by lot which of the persons is duly elected; and the 
officers so elected shall hold their respective offices for the 
following terms, and until their successors are elected and 
qualified: Supervisors of roads and assessors, one year; 
township clerk and treasurer, two years; and constables, 
three years; and trustees, three years; provided, that at the 
first annual election of any new township there shall be 
elected three trustees, the one receiving the highest number 
of votes to serve three years; the one receiving the next 
highest number of votes to serve two years, and the one 
receiving the next highest number of votes to serve one 
year; should any two or more of those elected receive the 
same number of votes, they, at the first meeting of the 
board after their election, shall determine by lot the term 
for which each of them receiving an equal number of votes 
shall respectively hold the office; and provided, further, 
that at the next annual election after the passage of this act, 


OHIO ELECTION LAWS. 


21 


and at the first election of any new township, a treasurer 
shall be elected for one year and a clerk for two years, and 
thereafter a township treasurer and clerk shall not be elected 
at the same annual election. [90 v. 144.] 

Sec. 1450. In case that there should not at any annual 
meeting-, provided for in this chapter, be a sufficient number 
of electors assembled for holding the election, so that no 
township officer can be chosen by the electors, the trustees 
shall appoint all other officers in this chapter enumerated 
[51 v. 489, § 21.] 

Sec. 1450. Every supervisor of roads shall be a resi¬ 
dent of the district for which he is elected ; and no elector 
shall vote for more than one supervisor of roads, or for any 
person for that office who is not an actual resident of the 
district in which said elector resides, and if a ballot con¬ 
tains more than one name for the office of supervisor, or if 
it appears to the satisfaction of the judges of election that 
an elector has voted for any person for that office other than 
for the district in which such elector resides, such vote, as 
to that.office, shall be deemed void; and if, on counting the 
votes, it appears that there were more votes given for super¬ 
visor of a district than there were resident electors of such 
district voting at such election, the judges shall declare the 
election, as to that district, void ; and the vacancy shall be 
filled by the trustees, as in other cases of vacancy. [51 v. 
489., §14 ; 58 V..123, § 1; 65 v. 14, § 2.] 

Sec. 1476. The trustees of any township, on the peti¬ 
tion of twenty electors thereof, shall upon four weeks’ pub¬ 
lic notice, published in some paper of general circulation 
in the county, submit to the electors of such township, at 
some general election in April or November, the question 
whether there shall be a public library established in such 
township for the use and benefit of the citizens thereof, 
and those voting at such election in favor of such library, 
shall put upon their ballots the words “public library — yes,” 
and those voting thereat against such library, the words, 
“public library — no;” and if a majority of the electors 
voting at such election vote in favor thereof, the trustees 
aforesaid have authority, annually, to levy upon all the 
taxable property of such township a tax not exceeding one- 
tenth of one mill on the dollar valuation thereof, to be ap¬ 
plied to the establihsment and maintenance of a library as 
aforesaid, and the prpcuring of a suitable room or rooms 
for the same. (70 v. 244,1.) [95 v. 506.] 

Sec. 1485. The trustees of any township are author¬ 
ized to levy a tax in such amount, as shall be by them de¬ 
termined, «to purchase a hearse and build a vault, or for 
either of said purposes, for the use of said township, to be 
under the control of the trustees thereof, or some person ap¬ 
pointed by them; but the question of levying such tax, for 
either or both of said purposes, and the amount asked there¬ 
for, shall be separately submitted to the qualified electors of 
the township at some general election, twenty days’ notice 
thereof having been previously given by posting, in at least 


When trustee 
shall appoint 
other officers. 


Who may be 
supervisor. i.nU 
how elect< d. 


Question of 
public library 
shall be sub¬ 
mitted to 
electors. 


When tax may 
be levied and 
how much. 


Hearse and 
vault may be 
provided, if 
electors vote 'c ■ ; 
same. 


22 


OHIO ELECTION LAWS. 


Election there¬ 
for. 


Election of 
officers. 


Incorporation 
of territory 
surrounding 
summer re¬ 
sort, etc, 


three public places in said township; the notice shall state 
specifically the amount to be raised, and for what purpose, 
either for purchase of hearse, or erection of vault, and if a 
majority of all the votes cast at such election are in favor of 
either, or both of said propositions, the same shall be con¬ 
sidered adopted, and the tax herein provided for authorized. 
[75 v. 46, § 1.] 

Sec. 1486. The electors voting at said election shall 
have placed on their ballots the words, “lax for hearse—• 
Yes,” or “Tax for hearse—No,” and upon the same ballot,. 
“Tax for vault—Yes,” or “Tax for vault—No,” and may 
vote for one proposition and against the other, or for or 
against both. [75 v. 46 § 2.] 

NEWLY CREATED HAMLET OR VILLAGE. 

Sec. 1565. The first election of officers for such cor¬ 
poration shall be at the first annual municipal election after 
its creation, and the place of holding the election shall be 
fixed by the agent of the petitioners, and notice thereof, 
printed or plainly written, shall be posted by him at three or 
more public places within the limits of the corporation, at 
least ten days before the election; which election shall be 
conducted, and the officers chosen and qualified, in the 
manner prescribed for the election of township officers; 
provided, that such first election may be a special election 
held at any time not exceeding six months after the incor¬ 
poration, and the time and place of holding such special 
election shall be fixed by the agent aforesaid, and notice 
thereof shall be given as is required in this section for the 
annual municipal election. [73 v. 157, § 24.] 

Sec. 1566a. That any territory requiring police pro¬ 
tection and containing a population of not less than fifty 
persons and immediately surrounding a summer resort, park, 
lake or picnic ground, kept regularly for such outing and 
pleasure, may incorporate by setting up notices of an election 
in three of the most public places in the territory proposed 
to be included in the corporation signed by five citizens and 
electors of the territory. Said notices to be posted at least 
ten days before the election, stating time and place where 
such election shall be held, and shall contain an accurate 
description of the territory proposed to be taken into the 
incorporation. The election shall as far as practicable be 
conducted in the manner prescribed for the election of town¬ 
ship officers. The electors present shall choose three judges 
and two clerks from the electors present to act as judges and. 
clerks of said election, and the ballot shall contain the words : 
“For incorporation” and “Against incorporation.”' If the 
majority of the ballots cast at such election shall contain 
the words “For incorporation,” it shall be deemed that the 
citizens of said designated territory have assented to such 
incorporation. And, if the majority of the ballots cast at 
such election shall contain the words “Against incorpora¬ 
tion,”' it shall be deemed that the people of said designated 
territory shall not have assented to the incorporation thereof.. 


OHIO ELECTION LAWS. 


u 


Such laws governing the creation and regulation of incorporated 
villages in force and such as may be hereinafter enacted shall have 
full force and effect in so far as are not inconsistent and do not con¬ 
flict with the provisions of this act. [95 v. 469.] 

ADVANCEMENT OF HAMEET TO VILLAGE. 

Sec. 1572. When the inhabitants of a hamlet, or any 
portion thereof, desire that the corporation or part thereof 
be advanced to a village, they shall make application to the 
trustees of the hamlet, by petition, signed by at least fitty 
electors thereof, a majority of whom shall be freeholders. 
[66 v. 154, §§ 29, 30.]. 

Sec. 1573. The petition shall contain the statement 
that the hamlet contains the requisite population for a vil¬ 
lage, and that it is the desire of the inhabitants to be so ad¬ 
vanced, and also the request of the petitioners that an elec¬ 
tion be held to obtain the sense of the electors upon such 
advancement. [66 v. 154, § 31.] 

Sec. 1574. When the trustees receive the petition, and 
are satisfied that the persons who signed it are electors and 
reside within the corporation, and that a majority of them 
are freeholders, they shall fix the time and place for holding 
the election, and cause written or printed notices thereof to 
be posted in three or more public places in the hamlet, at 
least three weeks prior to the election. [66 v. 154, § 32.] 

Sec. 1575. The trustees of the corporation shall be 
judges of the election, and the election shall, as far as prac¬ 
ticable, be conducted in the manner prescribed for the elec¬ 
tion of township officers, and the ballot shall contain the 
words, “For village/’ or the words, “Against village.” [66 
v. 154, § 33.] 

Sec. 1581. The first election of officers of such village 
shall be at the first annual municipal election after the lor- 
warding of the transcript by the recorder; and the trustees 
of the hamlet shall remain in office until the officers of the 
new corporation are elected and qualified; and the bv-laws, 
regulations, and ordinances adopted for the government of 
such hamlet shall remain in force, so far as they are consist-. 
ent with the provisions of this title, until repealed by tne 
council of such village; and at the expiration of their term 
of office, the trustees shall, on demand, deliver to the clerk 
of the village all books, papers, and documents in their pos¬ 
session pertaining to the corporation. [66 v. 155, § 39.] 

ADVANCEMENT OF CITY OR VILLAGE. 

Sec. 1582. When a petition, signed by one hundred 
freeholders of a village, or two hundred freeholders of a city 
of the second class, is presented to the council of the cor¬ 
poration in which the signers reside, setting forth that they 
desire such village to be advanced to a city of the second 
class, or such city of the second class from a lower to a 
higher grade in the second class, or to a city of the first class, 
and that they have the requisite population for such ad¬ 
vancement, the council shall cause notice to be given by 
the mayor, as in other cases, that at the next annual election 


Laws to govern. 


Petitioa. 


Petition, it« 
requisites. 


Fixing time aud 
place of elec¬ 
tion. 


Notice. 


Conduct of elec¬ 
tion. 


Ballot. 


Election *f 
officers. 


By-law*, etc., to 
remain in force. 


Books, etc., to 
be delivered to 
successors. 


Petition. 


Order for vote 
ob question. 


24 


Certificate as to 
such vote. 


Election of 
officers. 


Books, etc., of 
old corporation 
and officers. 


Reduction of 
city to village 


Petition 

therefor. 


Notice of elec¬ 
tion to be given. 


The ballots. 

Election, how 
conducted. 


How poll-books 
and tally-sheets 
certified. 


OHIO ELECTION LAWS. 

for officers of such city or village, the electors may vote 
for or against the advancement, their ballots to contain the 
words, “For advancement,” or the words “Against advance¬ 
ment.” [80 v. 75.] 

Sec. 1583.. The clerks and judges of such election shall 
forthwith certify, in duplicate, to the clerk of the corporation, 
the whole number of votes given at such election, the num¬ 
ber given for the advancement, and the number against it. 
[66 v. 156, § 41.] 

Sec. 1588. The first election of officers of the new cor¬ 
poration shall be at the first annual municipal election after 
such proceedings, and the officers of the old corporation 
shall remain in office until the officers of the new corporation 
are elected and qualified; and the ordinances, by-laws, and 
resolutions adopted by the old corporation shall, as far as 
consistent with this title, continue in force until repealed 
by the council of the new corporation; and the council and 
officers of the old corporation shall, upon demand, after the 
expiration of their term of office, deliver to the proper offi¬ 
cers of the new coporation all the books of record, docu¬ 
ments, and papers in their possession belonging to the old 
corporation. [66 v. 157, § 46.]. 

REDUCTION OF CITY TO VILLAGE. 

Sec. 1633. A city of the second class may surrender 
its corporate rights, and be reduced to a village, in the 
manner hereafter specified. [66 v. 269, § 706.] 

Sec. 1634. A petition for the purpose, signed by at 
least one hundred of the adult freeholders of the corpora¬ 
tion, shall be presented to the council, setting forth that it 
is the desire of the majority of the citizens of the corporation 
to surrender their corporate rights and be reduced to a vil¬ 
lage, and it shall contain a prayer, that an election may be 
held to determine the sense of the electors upon the subject. 
[66 v. 269, § 707.] 

Sec. 1635. The council shall thereupon fix a day and 
place for holding the election, and shall cause the clerk of 
the corporation to give notice thereof and of the object of 
the election, in one or more newspapers published in such 
city, and by posters set up in five or more public places 
within the corporation, for the period of not less than twenty 
days next prior to the day of holding the election. [66 v. 
269, § 708.] 

Sec. 1636. The ballot cast at such election shall con¬ 
tain the words “For surrender” of “Against surrender,” and 
such election shall be held and conducted in the same man¬ 
ner and by the same officers as other elections in the cor¬ 
poration, and the laws of the state regulating elections shall 
govern the same as far as applicable. [66 v. 269, § 709.] 

Sec. 1637. The officers holding the election shall, 
after counting the ballots, forthwith certify and cause to 
be delivered to the clerk of the corporation, in a sealed 
envelope, having endorsed thereon the nature of its con¬ 
tents, the poll-book and tally-sheets of such election. [66 
v. 269, § 710.] 



OHIO ELECTION LAWS. 


25 


Sec. 1638. The clerk, upon receiving the poll-book 
and tally-sheets, shall file and peserve the same in his office 
until the next regular meeting of the council, when the 
council shall cause them to be opened and the result of the 
election declared and entered on its journal. [66 v, 260 
§ 711.] 

Sec. 1639. If the majority of the votes cast at the elec¬ 
tion is “For surrender,” the council shall, by resolution, 
declare that by the determination of the legal voters, at a 
special election held for the purpose, the corporate rights of 
such corporation are surrendered, or that such city is re¬ 
duced to a village, and shall thereafter be known as the 
village of-, according to the fact. [72 v. 47, § 712.] 

SURRENDER OF MUNICIPAL POWERS. 

Sec. 1643. Villages may surrender their corporate 
rights, or be reduced to hamlets, and hamlets may sur¬ 
render their corporate rights in the same manner, so far as 
applicable, as is provided in the preceding sections in this 
chapter for the surrender of corporate rights by cities of 
the second class; and the duties of all officers in respect 
thereto, and proceedings thereafter, so far as applicable, 
shall be the same as prescribed in the preceding section. 
[72 v. 47, § 715.] 

Sec. 1644. Where the petition is by the electors of a . 
vilage or hamlet, it shall be sufficient if signed by a majority 
©f its electors, if such electors are less than one hundred in 
number; but if the electors are one hundred or more in 
number, then by not less than fifty of such electors. [72 
v. 47, § 715.] 

Sec. 1645. On the petition of at least two-thirds of 
the adult freeholders inhabiting any portion of the territory 
of a village, setting forth a desire to surrender their cor¬ 
porate. rights, and be detached from the corporation, the 
same proceedings shall be had as are provided in this chap¬ 
ter, with respect to reduction in grade, as far as the same 
may be applicable, including a submission of the question to 
the legal voters of the village. * * * [72 v. 47, § 715.] 

- ELECTION OF MUNICIPAL OFFICERS. 

Sec. 1718. In municipal corporations divided -into 
wards, an assessor shall be elected in each ward at every 
annual election. He shall take the same oath, give the 
same bond and perform the same duties as are provided 
with respect to township assessors. Provided, that in any 
township, composed in part of a municipal corporation or 
municipal corporations, the county commissioners may, by 
order entered on their journal, constitute the territory out¬ 
side such municipal corporation or corporations one or more 
assessor districts, in each of which an assessor shall be 
elected, annually, in accordance with law. Provided, also, 
that nothing herin shall interfere with the duties now de¬ 
volving upon deputy state supervisors of elections. [91 
v. 76.] 


And opened by 
council. 


Result to be 
declared. 


Surrender, etc., 
by villages and 
hamlets of their 
powers. 


Petition 

therefor. 


Same proceed¬ 
ings as in case 
of cities. 


Election, oath, 
bond and duties 
of assessors. 


Assessor dis¬ 
tricts in certain 
townships. 


Duties of deputy 
supervisors. 



26 


OHIO ELECTION LAWS. 


Time of annual 
election in 
municipal 
corporations. 


Manner of fill¬ 
ing vacancy in 
council or board 
of aldermen. 


Designation of 
election. 


Mayor’s election 
proclamation. 


Who are elect¬ 
ors 


Election re¬ 
turns ; when 
opened. 


Abstract of 
votes. 


Sec. 1723. The first Monday of April shall be the 
regular annual period for the election of officers of munici¬ 
pal corporations; provided, that any village situate in a 
township where the annual elections are held outside of the 
limits of such village, the council of such village may, by 
ordinance, fix the time for holding the annual election for 
the officers of such village on the Saturday next preceding 
the first Monday in April. [71) v. 10.] 

Sec. 1724. When a vacancy happens in the members 
of the council, or board of aldermen, a special election shall 
be held within twenty days thereafter, unless the annual mu¬ 
nicipal election occurs within sixty days after the vacancy; 
and the mayor shall designate the time and place, or places*, 
of such election, but at least ten days’ public notice of it 
shall be given; provided, that in a village, the mayor, by 
and with the consent of the council, shall have power to 
fill vacancies in the board from the electors of the corpora¬ 
tion, to serve until the next annual municipal election, when 
a person shall be elected to serve for the unexpired term. 
[92 v. 77.] 

Sec. 1725. The council of every municipal corpora¬ 
tion shall designate the place or places for holding the regu¬ 
lar elections; and in all corporations divided into wards, 
there shall be a place or places in each ward designated for 
holding elections. [67 v. 70, § 72.] 

Sec. 1726. The mayor, previous to any election for a 
municipal officer or officers, shall issue a proclamation to 
the electors of the corporation, or of the respective wards 
or districts, as the case may require, setting forth the time 
and places of election, and the officers to be chosen, and 
cause such proclamation to be published in some news¬ 
paper printed in the corporation, at least ten days previous 
to the election, or if no such newspaper is published in the 
corporation, such notice may be given bv posters. [66 
v. 161, § 73.] 

Sec. 1727. A person who, at the time of an election 
for municipal officers, is an elector for county officers, and 
resides in the ward, or corporation, if there be no wards, in 
which he offers to vote, is a qualified elector; and the elec¬ 
tion shall be held and conducted, in all respects, in the 
manner prescribed by law in case of township elections. 
[66 v. 162, § 74.] 

Sec. 1728. Returns of municipal elections in corpora¬ 
tions which are divided into election districts or wards, 
shall be made to the clerk of the corporation, and be opened 
by him within the time prescribed for the opening, by the 
clerk of the court of common pleas, of the returns of county 
elections. [66 v. 162, § 75.] 

Sec. 1729. The clerk, or in his absence or disability,, 
some person to be selected by the council, shall call to his 
assistance the mayor, and in his presence, make an abstract 
and ascertain the candidates elected, in all respects as re¬ 
quired by law of the clerk of the court of common pleas 
with respect to county officers; and he shall, in like man- 


OHIO ELECTION LAWS. 


ner. make a certificate as to each candidate so elected, and 
cause the same to be delivered to him, or left at his usual 
place of abode; provided, that if there is no mayor, or the 
mayor is absent or disabled, or a candidate at such election, 
the clerk shall call to his assistance a justice of the peace of 
the county. [66 v. 162, § 76.] 

Sec. 1731. If the result cannot be determined from ™te,^ decig - 
the votes cast, for the reason that more than the number of 100 7 0t ' 
persons to be elected have an equal number of votes for the 
same office, then the officers whose duty it is to ascertain the 
persons elected, shall determine by lot which of such per¬ 
sons shall be declared elected; and the election of any 
municipal officer, except a member of the council, may be 
contested in the manner provided by law for contesting the 
election of justices of the peace, except in cities of the first 
grade of the first class, such election may be contested only 
in the manner provided for contesting the election of county 
officers. [67 v. 70, § 78.] 

MAYOR. 

Sec. 1838. The mayor shall, three days previous to Proclamation as 
and on the day of any election, issue a proclamation to the on election^day. 
public, setting forth therein the substance of the enactments 
to prohibit the sale of intoxicating liquors on that day; and 
it shall be the duty of the mayor to take proper measures for 
the enforcement of such enactments. [61 v. 24, § 1.] 

Sec. 1801. The mavor shall detail, on the day of any Du , ty of mayor 
primary or other election in such city, one or more patrol- at elections, 
men, as he may deem necessary, to each election poll, to aid 
in the preservation of order and the protection of voters 
and challengers, and such patrolmen shall be subject to the 
lawful orders of the judges of said election, given for the 
enforcement of law and for the protection of the rights of 
electors and the preservation of the purity of the ballot. 

[83 v. 53.] 

TOWN HALLS. 

Sec. 2563. The electors of a village, or of a city ot the £ U(t t s }} on oC . 

i • i ir i i i i °i J building or im- 

third and fourth grades of the second class, may at an an- proving public 
nual municipal election, decide by ballot for or against levy- submitted to 
ing a tax upon all the property subject to taxation in such electors, 
municipal corporation for the purpose of erecting a public 
hall, or for the purpose of improving, enlarging, or making 
additions to a hall already erected, ten days’ notice of such ^ection f ho U w h 
election being given by the order of the mayor, at the re- given, 
quest of twenty-five freeholders of the corporation, by no¬ 
tice in a newspaper published in, or of general circulation 
in such municipal corporation ; but this section shall not be 
construed as a limitation of the power conferred in the pre¬ 
ceding section of this chapter; and if two-thirds of the bal¬ 
lots cast at such election be in favor of such improvement, 
the provisions of [sections] twenty-five hundred and sixty- 
one, and tvventv-five hundred and sixty-two shall be appli¬ 
cable thereto. [81 v. 41.] 


28 


OHIO ELECTION LAWS: 


Uniou of munic¬ 
ipal corporation 
ami township to 
.build hall. 


Townships 
and munici¬ 
palities may 
issue and 
sell bonds for 
purposes spec¬ 
ified in this 
-act. 


Sec. 2504. The electors of a village, or of a city of the 
third and fourth grades of the second class, and the electors 
of the township in which the municipal corporation is situ¬ 
ated, holding separate elections, on such notice as is pro¬ 
vided for in the preceding section, may, if both so determine 
by such vote, unite in the erection of such public hall, the 
notice of the election by the electors of the township to be 
given by the township clerk, on the order of the township 
trustees, on the application of ten freeholders of the town¬ 
ship, not residing in the municipal corporation. [64 v. 140, 

§ i] 


TOWNSHIP AND MUNICIPAL BONDS. 

Sec. 2885. That the trustees of any township or ham¬ 
let, or the council, board of legislation or other legislative 
body or bodies of any city, village, or other municipal cor¬ 
poration of the state of Ohio, shall have the power to issue 
and sell bonds in such amounts and denominations, for such 
period of time and at such rate of interest, not exceeding six 
per cent., and in such manner as is provided by law for the 
sale of bonds by such township, hamlet, city, village or other 
municipal corporation, for any of the purposes provided for 
in this act, whenever such trustees, council, board of legis¬ 
lation or other legislative body or bodies by an affirmative 
vote of not less than two-thirds of the members elected or 
appointed thereto shall by resolution or ordinance deem the 
same necessary. 

1. For procuring the real estate and right of way for 
any improvement authorized by this section. 

2. For extending-, enlarging, improving, repairing or 
securing a more complete enjoyment of any building or im¬ 
provement authorized by this section, and for equipping and 
furnishing the same. 

8. For sanitary purposes and for erecting a crematory 
or providing other means for disposing of garbage and re¬ 
fuse matter. 

4. For improving highways leading into the township 
or corporation, or for building or improving a turnpike, or 
for purchasing one or more turnpike roads and making the 
same free. 

5. For constructing wharves and landings on navi¬ 
gable waters. 

6. For erecting infirmaries. 

7. For erecting workhouses, prisons and police sta¬ 
tions. 

8. For erecting houses of refuge and corrections. 

9. For erecting market house's and providing market 
places. 

10. For erecting public halls and public offices. 

# H- For erecting or purchasing waterworks and sup¬ 
plying water to the township, hamlet or corporation and 
the inhabitants thereof. 




OHIO ELECTION LAWS. 


29 


12. For erecting or purchasing gas works or electric 
light works, and for supplying light to the township, hamlet 
or corporation and the inhabitants thereof. 

13. For providing grounds for cemeteries for enclos¬ 
ing and embellishing the same, and for erecting vaults. 

14. For constructing sewers, sewage disposal works 
flushing tunnels, drains and ditches. 

15. For establishing free public libraries and reading- 
rooms. 

10. For the establishment of free public baths. 

17. For erecting monuments to commemorate the ser¬ 
vices of soldiers, sailors and marines of the state or nation. 

18. For improving any watercourse or water front. 

19. For the payment of obligations arising from emer¬ 
gencies resulting from epidemics, or floods, or other forces 
of nature. 


20. For purchasing and condemning the necessary land 
for park and boulevard purposes and for improving the same 
as well as for improving or completing the improvement of 
any existing boulevard, park or parks. 

21. For erecting hospitals and pest houses and for 
rebuilding, repairing, or improving existing hospitals and 
pest houses. 

22. For resurfacing, repairing, or improving any ex¬ 
isting street or streets as well as other public highways. 

23. For opening, widening and extending any street 
or public highway. 

24. For purchasing or condemning any land necessary 
for street or highway purposes, and for improving the same 
or paying any portion of the cost of such improvement. 

25. For constructing levees and embankments or pav¬ 
ing or improving the same, and for improving any water¬ 
course passing through said township, hamlet or municipal 
corporation. 

26. For constructing or repairing viaducts, bridges 
and culverts, and for purchasing or condemning the neces¬ 
sary land therefor. 

27. For erecting any buildings necessary for a fire de¬ 
partment, purchasing fire engines, fire boats, constructing 
water towers, and paying the cost of placing under ground 
the wires or other signal apparatus of any fire department. 

The % bonds herein authorized may be issued for any or 
all purposes enumerated herein, but the total bonded in¬ 
debtedness hereafter created in any one fiscal year under 
the authority of this act by any township, hamlet, or munici¬ 
pal corporation, shall not exceed one (1) per cent, of the 
total value of all property in such township, hamlet,, or 
municipal corporation, as listed and assessed for taxation, 
except as otherwise provided in this act. 


Total bonded 
indebtedness 
permitted to 
be created by 
township or 
municipality 
in any one 
year. 


so 


OHIO ELECTION LAWS. 


Exception — 
may exceed 
said amount 
after submis¬ 
sion of ques¬ 
tion to vote. 


Aggregate 
amount of 
bonded in¬ 
debtedness 
permitted to 
township or 
municipality 
at any time; 
exception. 


Tax shall be 
levied to pay 
bonds 

and interest. 


Procedure 
when question 
of bond issue 
must be sub¬ 
mitted to 
vote. 


Whenever the trustees of any township, or hamlet, or 
the council, board of legislation or other legislative body or 
bodies of any municipal corporation, shall by resolution or 
ordinance passed by an affirmative vote of not less than two- 
thirds of all the members elected or appointed thereto, deem 
it necesarv in any one fiscal year to issue bonds for all or 
any of the purposes authorized in this act in any amount 
greater than one per cent, of the total value of all property 
in such township, hamlet, or municipal corporation as listed 
and assessed for taxation, then and in that event they shall 
submit the question of issuing any bonds in excess of said 
one per cent, to a vote of the qualified electors of such town¬ 
ship, hamlet or municipal corporation at a general or special 
election in the manner provided in section 2837, Revised 
Statutes. 

Provided, however, that the aggregate amount of all 
outstanding and unpaid bonds hereafter issued under the 
authority of this act shall never exceed four per cent, of 
the total value of all property in such township, hamlet or 
municipal corporation as listed and assessed for taxation, 
unless an excess of such amount is authorized by a vote of 
the qualified electors in such township, hamlet, or other 
municipal corporation in the manner provided in section 
2837, Revised Statutes. [90 v. 229; 95 v. 318.] 

Sec. 2830. For the payment of bonds issued under the 
authority of section 2835 of the Revised Statutes or issued 
after a submission of the question to the people under the 
provisions of section 2837 of the Revised Statutes, the trus¬ 
tees of any township, or hamlet, or the council, board of 
legislation or other legislative body or bodies of any munici¬ 
pal corporation, shall levy a tax in addition to all levies now 
authorized by law, every year during the period said bonds 
have to run sufficient to pay the interest on said bonds and 
to provide a sinking fund for their final redemption at ma¬ 
turity. [76 v. 158; 95 v. 321.] 

Sec. 2837. Fefore any bonds in excess of the said one 
per cent, in any one year or in excess of the said four per 
cent, in the aggregate are issued or tax levied, as provided 
in sections 2835 and 2836, Revised Statutes, the question of 
issuing the same shall be submitted to the voters of the 
township, hamlet, or municipal corporation at a general or 
special election. And whenever the trustees of any town¬ 
ship or hamlet or the council, board of legislation or other 
legislative body or bodies of any municipal corporation .shall 
by resolution or ordinance passed by an affirmative vote 
of not less than two-thirds of all the members elected or 
appointed thereto, declare it necessary to issue and sell the 
bonds of such township, hamlet, or municipal corporation, 
as the case may be, for any or either of the purposes men¬ 
tioned in section 2835 of the Revised Statutes in excess of 
the amounts therein authorized, and shall by such resolution 
or ordinance fix a date upon which the question of issuing 
and selling such bonds shall be submitted to the electors of 


OHIO EJECTION LAWS. 


31 


such township, hamlet or municipality, and shall cause a 
copy of such resolution or ordinance to be certified to the 
deputy state supervisors of the county in which such town¬ 
ship, hamlet or municipal corporation is situated, or board 
of elections in such cities as have such boards, and such 
deputy state supervisors, or such boards of election shall 
thereupon proceed to prepare the ballots and make all other 
necessary arrangements for the submission of such ques¬ 
tion to the electors of any such township, hamlet or munici¬ 
pal corporation at the time fixed in said resolution. Such 
election shall be held at the regular place or places of voting 
in such township, hamlet or municipality, and shall be con¬ 
ducted, canvassed and certified in the same manner, except 
as otherwise provided by law, as April elections in such 
township, hamlet, or municipal corporation for the election 
of officers thereof; provided, however, that when a special 
election for such purposes is held in a municipal corpora¬ 
tion divided into wards there shall be but one voting place 
in each ward, which shall be designated by the deputy state 
supervisors of elections or in cities having a board of elec¬ 
tions by such board, and the notice hereinafter provided for 
shall designate the voting place in each ward. In all cities 
in which registration is required certificates of removal shall 
not be necessary except when transfers are required from 
one ward to another, and the board of elections of all such 
cities shall issue all such removal certificates. Fifteen days’ 
notice of the submission shall be given in one or more 
papers printed therein once a week for two consecutive 
weeks, stating the amount of bonds to be issued, the pur¬ 
pose for which they are to be issued, and the time and place 
of holding the , election; and if no newspaper is printed 
therein the notice shall be posted in a conspicuous place and 
published once a week for two consecutive weeks in some 
newspaper of general circulation in the township, hamlet or 
municipal corporation; and if two-thirds of the voters vot¬ 
ing at such election upon the question of issuing the bonds 
vote in favor thereof, then and not otherwise the bonds for 
such excess shall be issued and the tax levied. Those who 
vote in favor of the proposition shall have written or printed 
on their ballots in quotation, “For the issue of bonds”; and 
those who vote against the same shall have written or printed 
on their ballots the words, “Against the issue of bonds.” 
Provided, however, that no township, hamlet, or municipal 
corporation shall hereafter create or assume an aggregate 
indebtedness of outstanding and unpaid bonds under the 
authority of this act in excess of eight per cent, of the total 
value of all property in such township, hamlet, or municipal 
corporation, as listed and assessed for taxation. Provided, 
further, that in cases where the trustees of any township or 
hamlet have, or the council, board of legislation, or any 
other legislative body or bodies of any city, village, or other 
municipal corporation, has heretofore passed a resolution or 
ordinance declaring it necessary to issue and sell bonds of 
such township, hamlet or municipal corporation, for any 


Number of 
votes neces¬ 
sary to au¬ 
thorize issue. 


Total aggre¬ 
gate bonded 
indebtedness 
permitted. 


Limitation in 
amount as 
fixed by this 
act, shall not 
apply to bond 
issues already 
authorized. 


32 


OHIO EJECTION LAWS. 


Cities author¬ 
ized to issue 
bonds for 
park purposes. 


Shall not be 
considered as 
increasing ag¬ 
gregate city 
debt. 


Submission of 
question of 
bond issue to 
vote, etc. 


Municipalities 
authorized to 
issue bonds 
for purpose 
of improving 
natural gas 
works. 


of the purposes authorized by law, the provisions of thi& 
act limiting the aggregate amount of bonds to be issued 
shall not .be construed to apply to the bonds provided for 
in such resolution or ordinance. [90 v. 229; 91 v. 107; 95 
v. Ill; 95 v. 321.] 

AN ACT 

To authorize cities to issue bonds for park purposes. 

Be it enacted by the General Assembly of the State of Ohio: 

Sec. 1 . That any city in the state of Ohio be and 
the same is hereby authorized to issue, in addition to any 
bonds heretofore authorized to be issued, the bonds of any 
such city in any sum or sums, not exceeding in amount such 
a sum as shall be eight-tenths of one per centum of the total 
valuation for taxation of all taxable property within such 
municipal corporation, as the same shall appear upon the 
county duplicate for the year in which such bonds are issued, 
said bonds to be issued and sold in the manner prescribed by 
law. The proceeds of any bonds issued under authority ot 
this act shall be exclusively used to acquire and improve 
the necessary land for the establishment of a park in con¬ 
nection with public buildings in any such city. 

Sec. 2. Bonds issued under authority of this act shall 
not be considered as increasing the aggregate debt of any 
such city, as contemplated in section 2704 of the Revised 
Statutes of Ohio. 

Sec. 3. Before any such bonds are issued such ques¬ 
tion shall be submitted to the voters of such city at a special 
or general election, such election to be designated by ordi¬ 
nance duly adopted by the council of such city, and which 
ordinance shall contain a description of the land and specify 
the purposes for which the proceeds of such bonds are to be 
expended and if a majority of the voters voting at such 

election, upon the question of issuing the bonds, vote in 

favor thereof, then and not otherwise, the bonds shall be 

issued and the taxes levied. [95 v. 438.] 

AN ACT 

Authorizing the issuing of bonds of municipal corporations for en¬ 
larging, improving or extending natural gas works, and provid- 
viding for submitting issuing the same to a vote of the people. 

Be it enacted by the General Assembly of the State of Ohio: 

Sec. 1. That the council, board of legislation or 
other legislative body or bodies of any municipal corpora¬ 
tion of the state of Ohio shall have power to issue and sell 
bonds in such manner as is provided by law for the sale of 
bonds by municipal corporations, at a rate of interest not 
exceeding six per cent., whenever such council, board of leg¬ 
islation or other legislative body or bodies, by an affirma¬ 
tive vote of not less than two-thirds of the members elected 
or appointed thereto shall, by resolution or ordinance, deem 
the same necessary for the purpose of extending, enlarging* 




OHIO ELECTION LAWS. 


33 


improving, repairing or securing a more complete enjoy¬ 
ment of any natural gas works owned by such municipal 
corporation, subject, however, to the provisions of section 
2 of this act. 

Sec. 2. Before any such bonds are issued, the ques¬ 
tion of issuing the same shall be submitted to the voters of 
the municipal corporation at a general or special election, 
whenever the council, board of legislation or other legisla¬ 
tive body or bodies of any municipal corporation shall, by 
resolution or ordinance, passed by an affirmative vote of not 
less than two-thirds of all the .members elected or appointed 
thereto, declare it necessary % to issue and sell the bonds of such 
municipal corporation for any of the purposes set forth in sec¬ 
tion 1 of this act, they shall, by such resolution or ordinance 
fix the date upon,which the question of the issue and sale of 
such bonds shall be submitted to the electors of such munici¬ 
pality, and shall cause a copy of such resolution or ordinance 
to be certified to the deputy state supervisors of the county 
in which such municipal corporation is situated, or board 
of elections in such cities as have such boards, and such 
deputy state supervisors or such boards of elections shall 
thereupon proceed to prepare the ballots and make all other 
necessary arrangements for the submission of such question 
to the electors of such municipal corporation at the time 
fixed in such resolution or ordinance. Such election shall 
be held at the regular place or places of voting in such 
municipal corporation, and shall be conducted, canvassed 
and certified in the same manner, except as otherwise pro¬ 
vided by law, as April elections in such municipal corpora¬ 
tion for the election of officers thereof; provided, however, 
that, when a special election for such purpose is held in a 
municipal corporation divided into wards, there shall be but 
one voting place in each ward, which shall be designated 
by the deputy state supervisors of elections, or in cities 
having a board of elections by such board, and the notice 
hereinafter provided for shall designate the voting place in 
each ward. In all cities in which registration is required, 
certificates of removal shall not be necesary, except where 
transfers are required from one ward to another, and the 
board of elections of all such cities [shall] issue all such 
removal certificates. Fifteen days’ notice of the submission 
shall be given in one or more newspapers ^printed therein 
once a week for two consecutive weeks, stating the amount 
of bonds to be issued, the purpose for which they are to be 
issued, and the time and place of holding the election; and, 
if no newspaper is printed therein, the notice shall be posted 
in a conspicuous place and published once a week for two 
consecutive weeks in some newspaper of general circulation 
in the municipal corporation. If two-thirds of the voters 
voting at such election upon the question of issuing the 
bonds vote in favor thereof, then, and not otherwise, the 
bonds shall be issued, and a tax may be levied for the pur¬ 
pose of paying the interest and principal upon such bonds. 
Those who vote in favor of the proposition shall have writ- 


* 


Question of 
issue to he 
submitted to 
vote. 


34 


OHIO ELECTION LAWS. 


ten or printed on their ballots, in quotation, “For the issue 
of bonds” those who vote against the same shall have written 
or printed on their ballots the words, “Against the issue of 
bonds.” [95 v. 478.] 


* PRIMARY ELECTIONS. 


"When the pro¬ 
visions of this 
chapter apply. 


Notice. 


Time of in Cin¬ 
cinnati. 


Notice—when to 
be published 
and posted. 


Oath of super¬ 
visor. 


Judges and 
clerks; excep¬ 
tion as to Day- 
ton and Mont¬ 
gomery county. 


Sec. 291G. When any voluntary political association 
or party, in any district, county, township, or municipal cor¬ 
poration, causes notice of the holding of any primary elec¬ 
tion to be published, as provided in the next two sections, 
such election shall be held and conducted under the pro¬ 
visions of this chapter. [68 v. 27, § 7.] 

Sec. 2917. Such notice must be ordered by a vote of 
the majority of the executive, central or 'controlling com¬ 
mittee of such association or party, and state the authority 
by which it is published, the purpose, time, manner, condi¬ 
tions, and places of the holding of such primary elections, 
the name of a legal voter of the precinct, who is to preside 
and supervise at such poll, and shall prescribe the qualifica¬ 
tions, not inconsistent with the provisions of this chapter, 
of the persons to vote at such elections; provided, that in 
cities of the first grade of the first class, all primary elec¬ 
tions shall be held between the hours of four p. m. and 
seven p. m. [83 v. 190.] 

Sec. 2918. At least five days previous to any such elec¬ 
tion, such notice shall be published in newspapers printed 
and of general circulation in each county of the district, or 
where the election is held in the territory of a single county, 
in such newspaper of that county; but the publication shall 
not be required in any county in which no newspaper is 
printed; the notice shall also be posted in at least three pub¬ 
lic places in each precinct within the territory in. which the 
election is to be held; and proof that the notice was so 
posted in the other precincts shall not be required to show 
that any such election was legally held at any precinct in 
which the same was duly posted. [68 v. 27, § 2.] 

Sec. 2919. The person named in the notice as super¬ 
visor, or, in his absence or refusal to serve, the person 
assuming or chosen by the electors present to be such 
supervisor, shall take an oath that he is a legal voter at such 
poll, that he wfll correctly and faithfully conduct such elec¬ 
tion, protect it against all frauds and unfairness, and care¬ 
fully and truly canvass all votes cast thereat, in the manner 
required by the authority appointing the election; and 
thereupon, except in cities of the second grade of the second 
class and in counties containing a city of the second grade 
of the second class, the supervisor shall cause the electors 
present, possessing the qualifications of persons entitled to 
vote under the notice to choose two judges and two clerks 

*For act relating to conduct of primary elections in Butler county, see 91 v. 
769. For act relating to couduct of primary elections in Gallia county, see 94 v, 
710. 


9 




OHIO ELECTION LAWS. 


35 


of elections to assist him in receiving and taking account of 
the votes cast, to each of whom shall be administered the 
same oath taken by the supervisor; and a township trustee 
or clerk, or an alderman, a member of council, trustee or 
clerk of a municipal corporation, or a supervisor of elec¬ 
tion, who has been duly sworn, may administer the oath 
prescribed in this section; provided, in cities of the first 
class, and of the first and second grades in the second class, 
such primary elections shall be under the control of the 
board of elections, and the polling places shall [be] fixed by 
such board, and provided further, that in counties contain¬ 
ing a city of the second grade of the second class, such pri¬ 
mary elections, in the precincts outside of such city shall be 
under the control of the board of deputy state supervisors of 
elections for such county, who shall fix the polling places. 
Such primary elections shall be conducted as required for 
general elections by section 2926 and supplemental sections, 
so far as those sections are applicable, and the election 
officers shall have the powers therein conferred, and the re¬ 
quirements and penalties therein provided shall be enforced. 
There shall be two judges, and a clerk at each polling place 
opened for the reception of ballots, who shall belong to the 
party or association holding the election, and who shall be 
assigned to duty by the board of elections or such board of 
deputy state supervisors of elections, as the case may be. 
When necessary to comply with the above requirements the 
.board of elections or deputy state supervisors of elections 
shall appoint special judges and clerks for primary elections 
and assign them to duty, but the board of elections or dep¬ 
uty state supervisors of elections shall not be required to 
hold such primary election for more than two political par¬ 
ties preparatory to nominating candidates for any one elec¬ 
tion, but at its own discretion it may hold such additional 
elections. At the close of the canvass, the judges and clerk? 
shall sign and deliver to the candidate having the highest 
number of votes for each office, or appointment to be filled, 
a certificate of his election and shall make out a summary 
statement of votes as required in section 2926/> and dispatch 
it to the chairman of the committee of the party holding the 
election, and also forthwith deliver the poll-book and tally- 
sheet, duly made up and certified to the board of elections 
or deputy state supervisors of elections, as the case may be, 
and in counties wherein there is a city of the second grade 
of the second class, where such primary election is to nomi¬ 
nate candidates for county offices, the poll-books and tally- 
sheets from all the precincts in the county shall be returned 
by the supervisors or judges of election to the deputy state- 
supervisors of elections, who shall canvass the returns and 
declare the result, and in such counties and in cities of the 
second grade of the second class, when such primary elec¬ 
tions are held and the returns are made as aforesaid, it shall 
not be necessary to file nomination papers, but the persons 
appearing from such returns to be nominated shall be con¬ 
sidered as the candidates for the respective offices and their 
names shall be printed upon the appropriate party ticket, 


Who may ad¬ 
minister oath. 


Control in cities 
first class, first 
and second 
grades, second 
class, and Mont¬ 
gomery county. 


Laws governing 
conduct. 


Judges and 
clerks. 


Special judges 
and clerks. 


Number of 
primaries. 


Certificates and 
returns of elec¬ 
tion. 


Montgomery 
county and Day- 
ton ; filing ot 
nomination 
papers unneces¬ 
sary. 


36 


Canvass in case 
of doubt or dis¬ 
pute ; exception 
as to Dayton 
and Montgom¬ 
ery county. 


Opening and 
closing of polls. 


Compensation 
ol judges and 
clerks ; mileage 
of judge or 
supervisor. 


Expenses to be 
paid by Mont¬ 
gomery county. 


Penalties rela¬ 
tive to delegates 
and fraudulent 
voting. 


Proxies unlaw¬ 
ful in political 
conventions ; 
penalty. 


Challenges —by 
whom and for 
what cause 
made. 


Duty of judges 
when vote chal¬ 
lenged. 


OHIO ELECTION LAWS. 

and, except in cities of the second'grade of the second class 
and in counties containing such cities, in cases of doubt or 
dispute the executive committee as aforesaid, or a commit¬ 
tee to be appointed by it, shall canvass the summary state¬ 
ments in the hands of the chairman, and declare the result; 
and such committee, in order to arrive at a correct result, 
may also consult and take into account the poll-books and 
tally-sheets in the office of the board of elections. The 
polls for such elections shall be opened at 4 o'clock p. m., 
and shall be closed at 7 o'clock p. m., unless otherwise ar¬ 
ranged by the board of elections, or deputy state supervisors 
of elections. Judges and clerks shall be paid two dollars 
each for every such election at which they serve in the cities 
and counties above mentioned and each judge or supervisor 
delivering the returns as aforesaid, to the deputy super¬ 
visors of elections shall be allowed five cents a mile for the 
distance traveled by him in delivering same and returning 
to his home, to be paid in the manner provided for general 
elections. And where in cities of the second grade of the 
second class and in counties containing such a city, such pri¬ 
mary election is for the nomination of candidates for other 
than municipal, ward or township offices, the pay of the 
judges, clerks, supervisors, rent of polling places and other 
expenses, shall be paid out of the county funds in the man¬ 
ner provided for paying same at general elections. The 
penalties relating to delegates to any convention and pro¬ 
viding against fraudulent voting in the sections, of the Re¬ 
vised Statutes from 7039 to 7066, inclusive, shall be en¬ 
forced for the same offense at all primary elections held in 
this state. No delegate to any political convention in 
this state shall have power, by proxy or otherwise, to desig¬ 
nate another person to serve as a delegate in his place or 
stead, and any person elected by a primary meeting to serve 
as a delegate to a convention, who shall give any power 
or proxy to another to serve in his place or stead, shall be 
guilty of a misdemeanor, and be fined in a sum not less than 
twenty-five dollars nor more than one hundred dollars for 
every such offense. [92 v. 193.] 

Sec. 2920. A qualified -elector under the notice may 
challenge any vote offered, because the person offering it is 
not entitled to vote under the notice, or is not a citizen of 
the United States, or cannot be at the next election a legal 
voter of the precinct, or has received or been promised, 
directly or indirectly, any money, fee or reward for ltis vote 
for any candidate at such election, or has voted before on 
the same day, at that or some other precinct, in the same 
election. [68 v. 27, § 4.] 

Sec. 2921. Thereupon the supervisor, or one of the 
judges shall administer to the person offering to vote an 
oath that he will true answer make to such questions as may 
be put to him touching his qualifications to vote at such 
election, and shall interrogate him as to his qualifications; 
if such person refuse to be sworn, or, being sworn, refuse to 
answer any question, his vote shall be rejected; but if the 
oath be taken, and the questions answered satisfactorily, 


OHIO ELECTION LAWS. 


37 


and he be not successfully contradicted by the sworn testi¬ 
mony of witnesses who may be called, his vote shall be re¬ 
ceived and the word “sworn'’ shall be noted opposite his 
name on the poll-book. [68 v. 27, § 4.J 

Sec. 2921 ( 7 . That in all primary elections held in pur- Presence of 
suance of and under the provisions of this chapter, the representative 
supervisor of elections or the judges thereof, shall, if re- ^IdcmvnfS?* 
quested by any candidate interested in the selection of dele- ballots, 
gates, permit such candidate or a representative to be se¬ 
lected by such candidate, to be present in the room where 
the judges are during the time of receiving and counting the 
ballots; and at all elections held within the boundary of any 
municipal corporation during the receiving and counting of baiilyetc., ltn,ff 
the ballots, no persons shall congregate or loiter upon the dred feet of poVis 
streets, alleys and sidewalks within one hundred feet of the iu municipality, 
polling place of any election, or within such distance of one 
hundred feet to give or to tender or exhibit any ballot or 
ticket to any person other than to a judge of the election, 
or to exhibit any ticket or ballot which he intends to cast, 
or within such distance to solicit or in any way to attempt 
to influence any elector in casting his vote. Any person ^f 0 n 1 ^[b n for 
wilfully refusing or neglecting to perform any of the duties 
prescribed in this act or any person wilfully violating the 
provisions thereof shall be deemed guilty of a misdemeanor 
and upon conviction thereof he shall lie fined not less than 
five nor more than, fifty dollars, or imprisoned in the county 
jail not less than five days nor more than thirty days, or 
both, at the discretion of the court. [92 v. 377.] 

POLL-BOOKS AND .TALLY-SHEETS. 

Sec. 1252. The deputy state supervisors shall furnish, Poii-books and 
at the expense of the county, and at least five days before tall y- sheels - 
the day of election, all the necessary poll-books and tally- 
sheets required In each voting precinct in the county, for 
all presidential, congressional, state, county, municipal, 
township or other elections. * * * [90 y. 277.] 

BALLOT-BOXES. 

Sec. 2928. The deputy state supervisors shall cause Ballot-boxes, 
to be provided, at the expense of the county, a ballot-box 
for each precinct therein which may be without the same, 
and cause it to be deposited with the proper township or 
corporation clerk; and every such clerk shall cause a bal¬ 
lot-box, with a copy of this title, to be delivered at each 
place of holding elections in his township or corporation as 
often as elections are held therein, and after each election 
the same shall be forthwith returned to him by the judges of 
election for safekeeping; provided, that whenever a board 
of elections is established, the purchase and care of ballot- 
boxes to be used at any election under its direction shall 
devolve upon such board. [90 v. 277.] 


38 


OHIO ELECTION LAWS. 


Election pre¬ 
cincts, how 
formed. 


Where elections 
to be held. 


Notice of hold¬ 
ing elections. 


O her election 
re urns. 


Opening returns 
and making ab¬ 
stracts of votes. 


ELECTION PRECINCTS. 

Sec. 2923. Each township, exclusive of the territory' 
embraced within the limits of a municipal corporation which 
is divided into wards, shall compose an election precinct, 
unless such township alone, or with other territory, is di¬ 
vided, according to law, into precincts ; and each ward 
of any such municipal corporation shall also compose one 
election precinct, unless such ward is divided, according to 
law, into precincts; and elections shall be held for every 
township precinct at such place within the township as the 
trustees thereof shall determine to be the most convenient 
of access for the voters of such precinct; and for each ward 
precinct, at such place as the council of the corporation 
shall designate. [77 v. 40.] 

Sec. 1392. In all townships, which have been divided, 
the trustees shall give fifteen days’ notice of the time and 
place of holding elections in the precincts of such town¬ 
ships, by posting up written or printed-notices in such num ¬ 
ber of places as to them seem proper, for the general in¬ 
formation of the electors of the several precincts. [54 v. 
49, § 9.] 

Sec. 1396. The returns of all elections, other than 
those for officers in said townships, shall be made to the 
proper person or officer, as is required by law in similar 
cases. [54 v. 49, § 9.] 

ABSTRACTS AND RETURNS. 

Sec. 2980. In not less than one nor more than five 
days after the election, or sooner, in case the returns are 
made, the deputy state supervisors shall proceed to open 
the several returns made to them and make abstracts of 
the votes in the following manner, viz.: 

1st. Upon a single sheet, an abstract of votes for gov¬ 
ernor, lieutenant-governor, secretary of state, auditor of 
state, treasurer of state and attorney-general. 

2d. Upon another sheet, an abstract of votes for gov¬ 
ernor, lieutenant-governor, secretary of state, auditor of 
state, treasurer of state, attorney-general, state commis¬ 
sioner of common schools, member of the board of public 
works, judge of the supreme court, clerk of the supreme 
court, dairy and food commissioner and representatives to 
congress. 

3d. And upon another sheet, an abstract of votes for 
governor, lieutenant-governor, secretary of state, treasurer 
of state, attorney-general, state commissioner of common 
schools, member of the board of public works, judge of the 
supreme court, clerk of the supreme court, dairy and food 
commissioner, judge of the circuit court, judge of the com¬ 
mon pleas court, representatives to congress, senators and 
representatives to the general assembly, judge of the pro¬ 
bate court, clerk of the common pleas court, sheriff, county 
auditor, county commissoner, county treasurer, county 


OHIO ELECTION LAWS. 

recorder, county surveyor, prosecuting attorney, infirmar> 
director and coroner. 

Sec. 2082. The deputy state supervisors shall not re¬ 
ceive any paper as a poll-book of any precinct unless it be 
delivered to them by one of the judges of the election held 
in such precinct; and, in making the abstract of votes, they 
shall not decide on the validity of the returns, but shall be 
governed by the number of votes stated in the returns; and 
they shall certify and sign the abstracts and deposit the 
same in the office of the deputy state supervisors. [90 v. 
270.] 

TRANSMISSION OF ABSTRACTS. 

Sec. 2083. The deputy state supervisor shall make 
and certify duplicate copies of abstract number one, and in¬ 
close and seal the same, and indorse on the envelope “Cer¬ 
tificate of the votes for governor, lieutenant-governor, sec¬ 
retary of state, auditor of state, treasurer of state and attor- 
ney-generar (either or all as the case may be), and the 
name of the county in which the votes. were given; and 
shall direct and forward one copy thereof by mail to the 
president of the senate, at Columbus, and shall deliver the 
other copy to a member of the general assembly, who shall 
deliver the same to the president of the senate, at Columbus ; 
and shall also forthwith make, certify, seal and indorse, in 
manner aforesaid, a copy of abstracts numbers two and 
three, and transmit the same by mail to the secretary of 
state, at Columbus. [90 v. 280.] 

Sec. 2989. In any election for member of congress, to 
fill a vacancy, the deputy state supervisors of each county 
embraced in the district in which the election is held shall, 
within six days after the election, make, and certify an ab¬ 
stract, in duplicate, of the votes cast at such election in their 
county. Such deputy state supervisors shall file one copy 
of the abstract in their office and shall inclose the other in 
an envelope, so indorsed as to show distinctly that it is an 
abstract of votes, for what office and from what county, 
and transmit it, without delay, to the secretary of state; 
if the secretary of state fails to receive the abstract from 
any county within twelve days after such election, he shall 
forthwith notify the deputy state supervisors of such county 
thereof; and they shall, on receipt of the notice, forthwith 
make and transmit to the secretary of state a certified copy 
of the duplicate on file in their office. [90 v. 280.] 

Sec. 2994. When two or more counties are joined in 
a judicial district, or in a judicial, senatorial or representa¬ 
tive district, the deputy state supervisors of each county of 
such circuit or district having a population not the largest 
shall make and, within eight days after the day of election 
transmit by mail to the deputy state supervisors of the 
county in the circuit or district having the largest popula¬ 
tion an abstract showing the number of votes given in each 
election precinct in such county for each person who re¬ 
ceived votes for any office to be filled by the circuit or dis- 


39 


Provisions relat¬ 
ing to poll- 
books, abstracts 
and validity of 
returns. 


7 

4 

I 


Making and . 
transmission of 
certified copies 
of abstracts. 


Making, filing 
and transmis¬ 
sion of certifi d 
copies of ab¬ 
stracts inflec¬ 
tion to fill va¬ 
cancy in office 
of member of 
congress. 


Making and 
transmission of 
certified copies 
of abstracts and 
certificates of 
election in cir¬ 
cuits and dis¬ 
tricts. 


40 OHIO ELECTION LAWS. 

trict; such abstract shall be attested by the deputy state 
supervisors and enclosed in an envelope so indorsed as to 
show distinctly that it is an abstract of votes, for what of¬ 
fices, and from what county; and it shall be opened and 
canvassed, as provided in section 2980, by the deputy state 
supervisors to whom transmitted, who shall incorporate 
the same in an abstract with the returns from the precinct 
of their county for such offices, and shall make and trans¬ 
mit to the persons elected certificates of their election. [90 
v. 280.] 

OPENING AND CLOSING OF POLLS. 

Sec. 2929. The polls shall be opened at five-thirty 
o'clock central standard time in the forenoon, and kept 
open up to and closed at five-thirty o’clock central standard 
time in the afternoon of the same day. Provided, that in 
cities of the first grade of the first class the polls shall be 
closed at the hour of four o'clock in the afternoon as pro¬ 
vided by law in section twenty-nine hundred and twenty- 
six o (292 60 ) of the Revised Statutes. [90 v. 281.]. 

Sec. 2937. Immediately before proclamation is made 
of the opening of the polls, the judges, or one of them, in 
the presence and under the direction of the others, and in 
the presence of the people there assembled, shall open the 
ballot-boxes, and turn them upside down, so as to empty 
them of anything that may be in them, and offer to such 
persons as may desire it the privilege of examining the same 
in the presence of the judges, and then lock them ; and the 
boxes shall not be again opened till the polls are closed, 
and the counting of the ballots begins. [97 v. 50, § 3.] 

LOITERING WITHIN SEVENTY-FIVE FRET OF 
POLLS. 

Toprevent ioi- * Sec. 2938. Judges of election shall, if requested, per- 
seven S t^fiT h efeet mit the respective candidates, or not exceeding three of their 
of poifs. friends, to be present in the room where the judges are dur¬ 

ing the time of receiving and counting out the ballots; and 
at all elections held within boundaries of any municipal cor¬ 
poration during the receiving and counting of the ballots 
no person shall congregate or loiter upon the streets, alleys 
and sidewalks within seventy-five feet of the polling place 
of any election, or in any manner hinder or delay any elec¬ 
tor in reaching or leaving the place fixed for casting his 
ballot, or within such distance of seventy-five feet to give 
or to tender or exhibit any ballot or ticket to any person 
other than a judge of election, or to exhibit any ticket or 
ballot which he intends to cast, or solicit or in any way at¬ 
tempt to influence any elector in casting his vote. In the 
discharge of their duties, the judges of election may, if 
necessary, appoint and require any elector or electors to 
aid them in making known their orders or directions and in 
enforcing the peace. The judges of election, or any of 
them may order the arrest of any person violating this sec¬ 
tion. but such arres^ shall not prevent such person from 

* For later law modifying this section see page 108. 


When polls to 
be opened and 
closed. 


Cincinnati. 


} udge<s to open 
ballot-boxes in 
presence of 
spectators. 


OHIO ELECTION LAWS. 


41 


voting if he is entitled to do so. The sheriff, and all con¬ 
stables, policemen, and officers of the peace, and all by¬ 
standers at any election, shall immediately obey and aid in 
enforcing any and every lawful order made by the judges at 
any election in execution of the provisions of this section. 

Any person wilfully refusing or neglecting to perform any Penalty for vio- 
of the duties of this section prescribed, shall be fined not less ^ t t lon of Ulls 
than five dollars nor more than one thousand dollars, or im¬ 
prisoned in the county jail not less than five days nor more 
than thirty days, or both; provided that nothing in this 
section shall be so construed as to conflict with sections 
2926 to 2926w, inclusive. [86 v. 368.] 


CHALLENGES. 

Sec. 2939. Judges of election shall, and any elector who may ciiai- 
may, challenge every person offering to vote, whom they offeffn g to vote, 
know or suspect is not duly qualified as an elector under 
the constitution and laws of the state. . [39 v. 13, § 18.] 

Sec. 2940. If a person offering to vote be challenged how judges to 

i t o o proceed when 

as unqualified, one of the judges shall tender to him the fol- person offering 
lowing oath: ‘'You do swear (or affirm) that you will fully lenged. 15 cha1 ’ 
and truly answer all such questions as shall be put to you 
touching your place of residence, and qualifications as an 
elector at this election.” 

First —If the person be challenged as unqualified on 
the ground that he is not a citizen, the judges, or one of 
them, shall put the following questions: 

1. Are you a citizen of the United States? 

2. Are you a native or naturalized citizen ? 

If the person offering to vote claims to be a natural¬ 
ized citizen of the United States, he shall, before his vote 
shall be received, produce, for the inspection of the judges 
of the election, a certificate of his naturalization, and also 
state under oath or affirmation, that he is the identical per¬ 
son named therein ; but the production of the certificate 
shall be dispensed with if the person offering to vote state, 
under oath, when and where he was naturalized, that he has 
had a'certificate of naturalization, and that, against his will, 
the same is lost, destroyed, or beyond his power to produce 
to the judges of the election; or if he state, under oath, 
that by reason of the naturalization of his parents, or one 
of them, he has become a citizen of the United States, and 
when and where his parent or parents were naturalized, 
the certificate of naturalization need not be produced. 

Second — If the person be challenged as unqualified on 
the ground that he has not resided in this state for one year 
immediately preceding the election, the judges, or one of 
them, shall put the following questions: 

1. Have you resided in this state for one year immedi¬ 
ately preceding this election? 

2. Have you been absent from this state within the 
year immediately preceding this election? If yes, then— 


±2 


OHIO ELECTION LAWS. 


If he riefuses to 
answer any 
question, vote 
to be rejected. 


Further oath if 
challenge not 
withdrawn. 


Rejection of 
vote of person 
who refuses to 
take oath, or is 
not a legal 
voter; oaths of 
witnesses. 


3. When you left this state did you leave for a tem¬ 
porary purpose, with the design of returning, or for the 
purpose of remaining away ? 

4. Did you, while absent, look upon and regard this 
state as your home? 

5. Did you, while absent, vote in any other state? 

Third — If the person ,be challenged as unqualified on 
the groutid that he is not a resident of the county or precinct 
where he offers to vote, the judges, or one of them, shall put 
the following questions: 

1. Have you resided in this county for thirty days last 
past? 

2. Have you resided in this precinct for twenty days 
last past ? 

3. When dfd you last come into this county? 

4. When you came into this county, did you come for 
a temporary purpose merely, or for the purpose of making 
it your home? 

5. Did you come into this county for the purpose of 
voting in this county ? 

6. Are you now an actual resident of this precinct? 

Fourth -— If the person be challenged as unqualified on 
the ground that he is not twenty-one years of age, the 
judges, or one of them, shall put the following question: 
Are you twenty-one years of age, to the best of your knowl¬ 
edge and belief? 

The judges of election, or one of them, shall put all 
such other questions to the person challenged, under the 
respective heads aforesaid, as may be necessary to test his 
qualifications as an elector at that election. [54 v. 130, 
§ 13 .] 

Sec. 2041. If a person challenged refuse to answer 
fully any questions put to him, as provided in the last pre¬ 
ceding section, the judges shall reject his vote. [39 v. 13, 

§ Hi 

Sec. 2942. If. the challenge be not withdrawn after the 
person offering to vote has answered the questions put to 
him as aforesaid, one of the judges of election shall tender 
to him the following oath: “You do solemnly swear (or 
affirm) that you are a citizen of the United States, of the age 
of twenty-one years; that you have been an inhabitant of 
this state for one year next preceding this election ; that you 
are now. an actual resident of this precinct; and that you 
have not voted at this election.”. [39 v. 13, § 15.] 

Sec. 2943. If any person refuse to take the oath so 
tendered, his vote shall be rejected; and after such oath has 
been taken a majority of the judges may refuse to permit 
such person to vote if they are satisfied from record evi¬ 
dence, or the testimony adduced before them that he is not 
a legal voter ; otherwise the vote shall be accepted ; and they 
may administer the necessary oaths to all witnesses brought 




OHIO ELECTION LAWS. 


4S 


before them to testify to the qualifications of the person 
offering to vote. [90 v. 310.] 

Sec. 2944. Whenever the vote of any person is re¬ 
ceived after he has taken the oath prescribed in section two 
thousand nine hundred and forty-two the clerks of the elec¬ 
tion shall write on the poll-book, at the end of such person’s 
name, the word “sworn.” [39 v. 13, § 17.] 

RESIDENCE. 

Sec. 2945. No person shall be permitted to vote at any 
election unless he shall have been a resident of the state for 
one year, resident of the county for thirty days, and resident 
of the township, village, or ward of a city or. village, for 
twenty days, next preceding the election at which he offers 
to vote, except where he is the head of a family, and has re¬ 
sided in the state, and in the county in which such town¬ 
ship, village or ward of a city or village, is situate, the 
length of time required to entitle a person to vote under the 
provisions of this title, and shall; bona fide, remove with 
his family from one ward to any other ward in such city or 
village, or from a ward of such city or village to a township 
or village in the same county, or from a township or village 
to a ward of a city or village in the same county, or from 
one township to another in the same county, in which cases 
such person shall have the right to vote in such township, 
village, or ward of a city or village, without having resided 
therein the length of time above described to entitle a person 
to vote; provided, that such voter so removing with his 
family from a township to a village, or ward of a city or 
village, in the same county, shall not have the right to vote 
at any municipal election held in such city or village, unless 
he shall have resided therein twenty days prior to such 
municipal election. [75 v. 15, 16, § 1.] 

Sec. 2946. All judges of election, in determining the 
residence of a person offering to vote, shall be governed by 
the following rules, so far as the same may be applicable: 

1. That place shall be considered the residence of a 
person in which his habitation is fixed, and to which, when¬ 
ever he is absent, he has the intention of returning. 

2. A person shall not be considered to have lost his 
residence who leaves his home, and goes into another state, 
or county of this state, for temporary purposes merely, with 
the intention of returning. 

3. A person shall not be considered to have gained a 
residence in any county of this state, into which he comes 
for temporary purposes merely, without the intention of 
making such county his home. 

4. The place where the family of a married man re¬ 
sides shall be considered and held to be his place of resi¬ 
dence, except where the husband and wife have separated 
and live apart, then the place where they resided at the time 


When clerk to 
enter on poli- 
book the wort! 
“ sworn.” 


Who entitled to 
vote. 


Rules to govern 
judges in deter¬ 
mining resi¬ 
dence. 


44 


OHIO ELECTION LAWS. 


Where inmates 
of soldiers’ 
home may vote. 


Cincinnati: 
legal residence 
of inmates of 
city infirmary. 


Defining the 
legal residence 
of inmates of 
infirmaries in 
certain cities. 


Defining legal 
residence of 
inmates ©f 
infirmaries. 


of the separation shall be considered and held to be his 
place of residence, unless he afterward, and during the time 
of such separation, remove from such place, in which case 
the county, township, city, or village in which he resides 
the length of time required by the provisions of this section 
to entitle a person to vote, shall be considered and held to 
be his place of residence. 

5. If a person move to another state, with’an intention 
to make it his permanent residence, he shall be considered 
to have lost his residence in this state. 

6. If a person remove to another state, with an inten¬ 
tion of remaining there an indefinite time, and as a place of 
present residence, he shall be considered to have lost his 
residence in this state, notwithstanding he may entertain 
an intention to return at some future period. 

7. The mere intention to acquire a new residence, 
without the fact of removal, shall avail nothing; neither 
shall the fact of removal without the intention. 

8. If a person go into another state, and while there 
exercises the right of a citizen by voting, he shall be con¬ 
sidered to have lost his residence in this state. 

9. All questions of the right to vote shall be heard 
and determined by the judges of election. [75 v. 16, § 1.] 

Sec. 2947. Disabled soldiers, who are inmates of a 
national asylum for'disabled volunteer soldiers, who are 
citizens of the United States, and have resided in this stare 
one year next preceding the election, and are otherwise 
qualified as to age, and residence within the county and 
township, shall be held and deemed to have their lawful 
residence in the county and township in which such asylum 
is located. [07 v. 98, § 1.] 

(2947—1.) Sec. 1. The legal residence of any quali¬ 
fied elector, who may be an inmate of any infirmary owned 
or maintained by any city of the first grade of the first class, 
shall be the ward or precinct of such city where said inmate 
was domiciled or resident at the time of his admission to 
said infirmary, and shall so continue during the time he may 
be an inmate thereof. [84 v. 124.] 

(2947—2.)‘ Sec. 1 . The legal residence of any quali¬ 
fied elector, who may be an inmate of any infirmary owned 
or maintained by any city of the first or second class, shall 
be the ward or precinct of such city where said inmate was 
domiciled or resident at the time of his admission to said in¬ 
firmary, and shall so continue during the time he may be an 
inmate thereof. [87 v. 316.] 

(2947—3.) Sec. 1 . The legal residence of any quali¬ 
fied elector, who may be an inmate of an infirmary in any 
county of the state, having a population at the last federal 
census, in 1880, and which, at any subsequent federal cen¬ 
sus, may have a population of 42,871, shall be the ward, 
precinct or township of such city or county where said in- 




OHIO ELECTION LAWS. 


4S 


mate was domiciled or resident at the time of his admission 
to said infirmary, and shall so continue during the time he 
may be an inmate thereof. [86 v. 244.] 

BALLOTS. 

Sec. 2948. All ballots for all elections other than those 
conducted under the act passed April 30, 1891 (O. L., 88, p. 
449), shall consist of plain white paper, with the name or 
names written, or of plain white news printing paper, not 
more than two and one-half nor less than two and one- 
fourth inches wide, with the name or names printed in black 
ink, and with a blank space of not less than one-fifth of an 
inch lengthwise of the ticket, after one name for each office; 
or in case two or more persons are to be elected to the same 
office, like spaces after as many of the names as there are 
persons to be elected to that office, and without any : mark 
or device by which one ticket may be distinguished from an¬ 
other, except the words at the head of each ; and it shall be. 
unlawful to print, for distribution at the polls, to furnish to 
an elector, or to vote, any ballot other than such as herein 
prescribed ; provided, however, that any name may be cor¬ 
rected, erased, or written in pencil mark or ink. [89 
v. 207.] 


IXTERFEREXCE WITH VOTERS. 

Sec. 2951. If two or more persons congregate to¬ 
gether in or about any voting place, during the receiving 
of ballots thereat, so as to hinder or delay any elector in 
casting his ballot, the judges of election, upon complaint 
made thereof, and being satisfied that substantial ground 
of complaint exists, shall order all such persons to disperse; 
and upon refusal so to disperse, such persons shall each be 
fined not more than three hundred nor less than twenty 
dollars, or imprisoned in the county jail not exceeding six 
months, or both. [74 v. 215, § 14.] 

FRAUDULEXT BALLOTS. 

Sec. 2952. When a ballot, with certain designated 
heading, contains, printed thereon in place of another, a 
name not found on the regular ballot having such heading, 
such name shall be regarded by the judges as having been 
placed thereon for the purpose of fraud, and the ballot shall 
not be counted for the name so found. [71 v. 31, § 2.] 

Sec. 2953. When two or more ballots are found folded 
or rolled together, it shall be conclusive evidence of their 
being fraudulent, and neither shall be counted. [50 v. 311, 
§ 14 .] 

Sec. 2954. If a ballot contain a greater number of 
names for any one office than the number of persons re¬ 
quired to fill that office, it shall be considered fraudulent as 
to the whole of the names designated" to fill such office, but 
no further. [50 v. 311, § 15.] 


How ballots to- 
be written 01 
printed ; ex¬ 
ceptions. 


When judges 
may order per¬ 
sons assembled’ 
at precinct to 
disperse, and 
penalty. 


When a name- 
printed on a 
ticket fraudu¬ 
lent. 


When two or 
more ballots 
are folded to¬ 
gether. 


When a ballot 
contains too 
many names. 


46 


OHIO ELECTION LAWS. 


Ballots may con¬ 
tain less names 
than authorized. 


Want of form 
shall not invali¬ 
date poll-books. 


Sheriff shall 
issue proclama¬ 
tion of election. 


Electors of pres¬ 
ident and vice- 
president to be 
elected. 


Secretary of 
state to canvass 
returns, and 
governor to 
issue certifi¬ 
cates and make 
publication. 


Notice of con¬ 
test of election 
of presidential 
electors. 


Sec. 2955. A ballot shall not be considered fraudu¬ 
lent for containing a less number of names than are author¬ 
ized to be inserted. [50 v. 311, § 16.]. 

POLL-BOOKS. 

Sec. 2962. No election shall be set aside for want of 
form in the poll-books, provided they contain the sub¬ 
stance. [50 v. 311, § 33.] 

PRESIDENTIAL ELECTIONS. 

Sec. 2967. At least fifteen days before the time for 
holding the election provided for in the next section, the 
sheriff shall give public notice by proclamation throughout 
his county, of the time and place of holding such election, 
and the number of electors to be chosen; a copy of which 
shall be posted up at each of the places where elections are 
appointed to be held, and inserted in some newspaper pub¬ 
lished in the county, if any is published therein. [61 v. 84, 
•§ 1; 50 v. 311, §4.] 

Sec. 2968. The qualified electors shall, on the Tues¬ 
day next after the first Monday in November, in the year 
eighteen hundred and eighty, and every fourth year there¬ 
after, elect a number of electors of president and vice-presi¬ 
dent of the United States, equal to the number of senators 
and representatives this state may be entitled to in the con¬ 
gress of the United States; but no senator or representative 
in congress, or other person holding an office of trust or 
profit under the United States, or any law thereof, shall be 
eligible as an elector of president or vice-president. [61 
v. 84, § 1.] 

Sec. 2970. When returns are received from all the 
counties, the secretary of state shall, in the presence of the 
governor, auditor of state, and such other state officers as 
may choose to attend, open the abstracts of poll-books, and 
as they are opened, cause the same to be read aloud, and 
make an abstract showing the number of votes given for 
each person for such office; and if two or more of such per¬ 
sons receive an equal number of votes, the secretary of 
state, in the presence of the state officers,aforesaid, shall 
determine by lot, which of such persons is duly elected; 
and the governor shall make, and transmit by mail to 
the persons having the highest number of votes, or whose 
election was determined by lot as aforesaid, certificates of 
their election to the office of elector of president and vice- 
president of the United States, and shall cause notice of 
their election to be published in three newspapers published 
.at Columbus, two of which shall be of opposite politics. 
[70 v. 272, § 1.] 

Sec. 2970a. Any qualified voter may contest the elec¬ 
tion* of the electors so chosen, or any of them, by serving 
notice upon the contestee or contestees in the manner and 
time prescribed in section 3005, and filing a copy thereof 
with the governor of the state within five days "after the 


OHIO ELECTION LAWS. 


47 


mailing by him of the certificates of election prescribed in 
section 2970; and the provisions of sections 2998, 2999, 
3000 and 3001 shall apply to such contest, except that all 
testimony taken and all matters relating to the contest shall 
be sent to and filed with the secretary of state, before the 
day appointed by the governor for the hearing; and every 
such contest shall be heard and determined as hereinafter 
provided. [85 v. 26.] 

Sec. 2970b. Upon the filing of the copy of such notice 
with the governor, it shall be his duty within five days to 
appoint four of the judges of the circuit courts, not more 
than two of whom shall be of the same political party, or so 
reputed to be, who, with the governor, shall be a commis¬ 
sion to hear and determine such contest; and he shall ap¬ 
point the time for such hearing, which shall be within ten 
days, and give them notice thereof; and thereupon a cer¬ 
tified copy of the notice filed with the governor by the con- 
testor, and notice in writing to. the contestee or contestees 
of the time so appointed for the hearing, and requiring 
him or them to attend in the hall of the supreme court at 
Columbus, at such time, and answer the contest, shall be 
issued by the secretary of state to the sheriff of Franklin 
county; or if he be disqualified, to the coroner of said 
county, and may and shall be served by him upon such 
contestee or contestees, in any county, and return made to 
the secretary of state, as upon the summons in a civil 
action. The secretary of state shall act as the secretary of 
such commission, and discharge such duties zs they may 
direct in that behalf. [85 v. 26.] 

Sec. 2970c. The said commission shall, in hearing and 
determining such contest or contests, have and exercise all 
the powers and authority, and be governed by the same 
rules and procedure, as may be prescribed for the senate in 
contested elections of state officers, so far as applicable, and 
subject to the constitution and laws of the United States. 
In any order or vote by the commission, and in the final 
decision and judgment upon the contest, the governor shall 
vote if the other members of the commission are equally 
divided and not otherwise. The judgment of such com¬ 
mission, or the majority upon the contest or contests at any 
election of electors of president and vice-president of the 
United States, shall be final and conclusive thereof, and the 
record of the judgment and proceedings shall be filed and 
kept by the secretary of state in his office. [85 v. 26.] 

Sec. 2970 d. If any contestee or contestees be ousted 
by the judgment of such commission or the majority of 
them the certificate of election so issued to him or them 
shall be null and void, and the governor shall forthwith 
make and transmit by mail to the person or persons, if 
any, ascertained and determined by the judgment of the 
commission, or a majority of them, to have been duly 
elected, a certificate of his or their election to the said office 
of elector or electors of president and vice-president of the 
United States, and shall cause notice of his or their election 


Procedure. 


Commission to 
hear such con¬ 
tests. 


Notice to con¬ 
testees of time 
of hearing, etc. 


Secretary of 
commiss’ion. 


Powers ot and 
rules governing 
commission. 


When governor 
shall vote; judg¬ 
ments and rec¬ 
ords of commis¬ 
sion. 


Proceedings 
under judgment 
of ouster. 


48 


OHIO ELECTION LAWS. 


Costs. 


The electors 
meet at Colum¬ 
bus. 


Electors to give 
notice to the 
governor of 
their presence. 


How vacancies 
in the office of 
elector to be 
filled. 


Tie vote to be 
determined by 
the governor* 
by lot. 


Electors so 
chosen to be 
notified by the 
governor and to 
act as electors. 


Compensation 
of electors and 
how paid. 


and of such judgment to be proclaimed and published and 
[as] prescribed in section 2970. [85 v. 2(L] 

Sec. 2970c. The commision shall render judgment 
against the party failing.in any such contest for all the 
costs, including the costs of all depositions filed and al¬ 
lowed; and execution for the same shall be issued to any 
sheriff in the state and levied and collected as upon judg¬ 
ment and execution at law. Security for costs, satisfactory 
to the secretary of state, shall be given by the contestee 
or contestees before any notice of the contest shall be issued 
by *him. [85 v. 20.] 

Sec. 2971. The electors chosen as aforesaid shall, at 
twelve o’clock on the day appointed by the congress of the 
United States, meet at the state-house in Columbus, and 
then and there perform the duties enjoined upon them by 
the constitution and laws of the United States. [29 v. 41, 
§ 6 .] 

Sec. 2972. Each elector shall, before the hour of 
twelve o’clock on the day next preceding the day fixed by 
the law of congress to elect a president and vice-president 
of the CTiited States^ give notice to the governor that he is 
present, and ready at the proper time to perform the duties 
of an elector; and the governor shall thereupon deliver to 
each such elector a certificate of the names of all the elec¬ 
tors. [29 v. 41, § 8.] 

Sec. 2973. If any of the electors are absent, and fail to 
appear before nine o’clock on the morning of the day ap¬ 
pointed for the election, the electors then present shall im¬ 
mediately proceed to elect by ballot in the presence of the 
governor, persons to fill the vacancies occurring through 
such non-attendance. [29 v. 41, § 8.] 

Sec. 2974. If two or more persons receive an equal 
and the'greatest number of votesr at such election, the gov¬ 
ernor, in the presence of the electors attending shall deter¬ 
mine by lot which of such persons is duly elected; otherwise 
he or they having the greatest number of votes shall be 
considered elected to such vacancies. [29 v. 41 , § 9.] 

Sec. 2975. The electors making such choice shall 
forthwith certify to the governor the names of the persons 
so chosen, and the governor shall cause immediate notice 
in writing to be given to each of such persons; and the per¬ 
sons so chosen and notified, and not the persons in whose 
place they have been chosen, shall be electors, and shall 
meet the other electors at the time and place appointed, and 
then and there discharge all the duties enjoined on them 
as electors by the constitution and laws of the United States 
and of this state. [29 v. 41, § 10.] 

Sec. 2970. Each elector shall receive three dollars for 
each day’s attendance at Columbus as such, and mileage at 
the rate of ten cents per mile for the estimated distance by 
the usual route, from his place of residence to Columbus, to 
be paid by the state. [70 v. 272, § 1,] 



OHIO ELECTION LAWS. 


49 


STATE, COUNTY AND TOWNSHIP ELECTIONS. 

Sec. 2977. The sheriff of each county shall, at least 
fifteen days before the holding of any general election and 
at least ten days before the holding of any special election, 
for any officer named in the next session, give notice by 
proclamation throughout his county of the time and place 
of holding such election, arid the officers at that time to be 
chosen, one copy of which shall be posted up at each of the 
places where elections are appointed to be held; and such 
proclamation shall also be inserted in some newspaper pub¬ 
lished in the county, if any is published therein. [50 v. 
311, § 4.] 

Sec. 2978. All general elections for governor, lieuten¬ 
ant-governor, secretary of state, auditor of state, treasurer 
of state, attorney-general, state commissioner of common 
schools, member of the board of public works, judge of the 
supreme court, clerk of the supreme court, judge of the’ cir¬ 
cuit court, judge of the common pleas court, senators and 
representatives to the general assembly, judge of the pro¬ 
bate court, clerk of the common pleas court, sheriff, county 
auditor, county commissioner, bounty treasurer, county 
recorder, county surveyor, prosecuting attorney, infirmary 
director and coroner shall be held on the first Tuesday after 
the first Monday in November. All votes for any judge for 
any elective office, except a judicial office, under the author¬ 
ity of this state, given by the general assembly or the people 
shall be void. [83 v. 35.] 

Sec. 2979. The electors of each congressional district 
in this state shall, biennially, on the first Tuesday after the 
first Monday in November, vote for a representative in the 
congress of the United States for the term commencing on 
the fourth day of March next thereafter. [83 v. 35.] 

Sec. 2988. Whenever a vacancy happens in the office 
of representative to congress, or senator or representative 
to the general assembly, the governor shall, upon satisfac- 
toy information thereof, issue a writ of election, directing 
that a special election be held to fill such vacancy, in the 
territory entitled to fill the same, on a day which shall be 
specified in the writ; such writ shall be directed to the 
sheriff or sheriffs within such territory, who shall give notice 
of the time and places of holding such election, as in other 
cases; and such election shall be held and conducted, and 
returns thereof made, as in case of a regular election. [50 
v. 311, § 28.] 

Sec. 2993. If any number of persons greater than the 
number of county offices directed to be filled at any election 
have the highest and an equal number of votes, the deputy 
state supervisors aforesaid shall determine by lot which of 
the persons shall be duly elected; and if, at any election for 
senators or representatives to the general assembly, there is 
no choice in any instance, on account of two or more per¬ 
sons having received the highest and an equal number of 
votes, the deputy state supervisors issuing the certificates of 


Sheriff to issue 
proclamation of 
election. 


[ 


Time of state 
and county 
elections. 


Of congres¬ 
sional elections 


Vacancy in 
office of repre¬ 
sentative to 
congress and 
members of 
general assem¬ 
bly ; how filled. 


Tie votes for 
county officers 
and members of 
the general 
assembly to be 
determined by 
lot. 


50 


OHIO ELECTION LAWS. 


Certificates of 
election of cer¬ 
tain officers; 
abstracts of 
votes for such 
officers. 


Where and how 
township elec¬ 
tions to be held. 


Returns, ab¬ 
stracts and cer¬ 
tificates of elec¬ 
tion of certain 
officers elected 
at April or 
special elec¬ 
tions. 


When two or 
■more counties 
joined in same 
circuit or dis¬ 
trict. 


election shall publicly determine by lot who of those having 
such equal number of votes shall be elected; such decision 
by lot shall be made in their office aforesaid, at ten o’clock 
a. m. on the eighth day after the election; and in such case 
the deputy state supervisors shall not be required to forward 
the returns or the election until such decision by lot has 
been made. [90 v. 281.] 

Sec. 2995. The deputy state supervisors shall, without 
fee, make, and, upon demand, deliver to the persons elected 
respectively to the offices of probate judge, clerk of the 
court of common pleas, sheriff, coroner, county auditor, 
county commissioner, county treasurer, county recorder, 
county surveyor, prosecuting attorney, infirmary director, 
and senator and representative to the general assembly, cer¬ 
tificates of their election; and they shall also make, for any 
elector of his county, upon being paid one dollar thereior, 
an abstract of votes cast at any election to fill any of said 
offices. [90 v. 281.] 

Sec. 2996. Elections for township officers shall bd 
held in the same precincts, and by the same judges of elec¬ 
tion, as provided in this title for the election of state and 
county officers; and returns of township elections shall be 
made by the judges thereof in the several election precincts, 
to the proper township clerks, within one day after the elec¬ 
tion. [69 v. 202, § 1.] 


AN ACT 

To provide for the making of returns, canvassing the vote and 
certifying the elections of certain officers elected at April and 
special elections. 

Sec. 1. That whenever any judge of any court of this 
state, representative of the general assembly, or other dis¬ 
trict or county officer, is to be elected at any April or special 
election, the judges of such election shall make return 
of the poll-books of such election to the deputy state super¬ 
visors of their respective counties, and they shall, on the 
sixth day or sooner in case the returns are all made, pro¬ 
ceed to open such returns and make an abstract of the votes 
cast for such officers, and make and deliver to the person or 
persons elected certificates of their election. Provided, 
however, if such officer is to be elected by two or more 
counties joined in the same circuit or district, then the 
deputy state supervisors of the county or counties compris¬ 
ing such circuit or district, expecting the chief deputy state 
supervisor of the county in such circuit or district having 
the largest population, shall, within eight days after such 
election, transmit by mail to the deputy state supervisors 
of the county in such circuit or district having the largest 
population an abstract showing the number of votes given 
in each precinct in their respective counties for each person 
who received votes for any office to be filled by such circuit 
or district; such abstract shall be attested by the chief 
deputy state supervisor and clerk of the board, and inclosed 
in an envelope, so indorsed as to show distinctly that it is 





OHIO ELECTION LAWS. 


51 


an abstract of votes, for what office or offices, and from 
what county the same was transmitted; and such abstract 
shall be canvassed by the deputy state supervisors to whom 
transmitted, who shall incorporate the same in an abstract 
with the returns from the precincts of their county for such 
office or offices, and make and transmit to the person or 
persons elected certificates of their election. [90 v. 281.] 

TOWNSHIP LOCAL OPTION. 

(4364-24). Sec. 1 That whenever one-fourth of the 
qualified electors of any township, residing outside of any 
municipal incorporation, shall petition the trustees therefor 
for the privilege to determine by ballot whether the sale of 
intoxicating liquors as a beverage shall be prohibited within 
the limits of such township, and without the limits of any 
such municipal incorporation, such trustees shall order a 
special election for the purpose, to be held at the usual place 
or places for holding township elections; and notice shall be 
given and the election conducted in all respects as provided 
by law for the election of township trustees; and only those 
electors shall be entitled to vote at such election who reside 
within the township and without the limits of any such 
municipal incorporation. A record of the result of such 
election shall be kept by the township clerk in the record of 
the proceedings of township trustees; and in all trials for 
violation of this act, the original entry of said record, or a 
copy thereof certified by the township clerk, provided that 
it shows or states that a majority was against the sale, shall 
be prima facie evidence that the selling, furnishing, giving 
away or keeping a place, if it took place from and after 
thirty days from the day of the holding of said election, 
was then and there prohibited and unlawful. [85 v. 55.] 

(4364-25). Sec. 2. Persons voting at any election held 
under the provisions of this act, who are opposed to the sale 
of intoxicating liquors as a beverage shall have written or 
printed on their ballots, “Against the sale;” and those who 
favor the sale of such liquors shall have written or printed on 
their ballots, “For the sale;” and if a majority of the votes 
cast at such election shall be “Against the sale,” then from and 
after thirty days from the day of the holding of said election, 
it shall be unlawful for any person within the limits of such 
township and without the limits of such municipal corpora¬ 
tion to sell, furnish or give away any intoxicating liquors to 
be used as a beverage, or to keep a place where such liquors 
are kept for sale, given away or furnished; and whoever 
sells, furnishes or gives away any intoxicating liquors as a 
beverage, or keeps a place where such liquors are kept for 
sale, given away or furnished, shall be fined not more than 
five hundred dollars, nor less than fifty dollars, and impris¬ 
oned in the county jail not exceeding six months; but noth¬ 
ing in this section shall be construed so as to prevent the 
manufacture and sale of cider, or sale of wine manufactured 
from the pure juice of the grape, cultivated in this state, 


Petition for 
prohibition of 
liquor traffic in 
townships. 


Special election 
to be held. 


Notice and con¬ 
duct of election 


Record of result 
of election; its 
value as evi¬ 
dence. 


Ballots to be 
voted at such 
election. 


When the traffic 
in any township 
shall be unlaw¬ 
ful. 


Penalty tor car¬ 
rying on such 
prohibited 
traffic. 


Manufacture 
and sale of cidei 
or native wine ; 
registered drug, 
gists. 


52 


OHIO ELECTION LAWS. 


Closing of sa¬ 
loons on 
Sunday. 


Hotels and 
eating houses. 


Municipal 

regulation. 


Petition for 
election. 


Special elec¬ 
tion. 


Notice and 
conduct of 
election. 


nor to prevent [a] legally registered druggist from selling or 
furnishing pure wines or liquors for exclusively known 
medicinal, art, scientific, mechanical, or sacramental pur¬ 
poses; but this provision shall not be construed to authorize 
the keeping of a place where wine, cider or other intoxicat¬ 
ing liquors are sold, kept for sale, furnished or given away 
as a beverage. [85 v. 55.] 

MUNICIPAL LOCAL OPTION. 

Sec. 4364-20. That the sale of intoxicating liquors, 
whether distilled, malt or vinous, on the first day of the 
week, commonly called Sunday, except by a regular druggist 
on a written prescription of a regular practicing physician 
for medical purposes only, is hereby declared to be unlawful, 
and all places where such intoxicating liquors are on other 
days sold or exposed for sale, except regular drug stores, 
shall on that day be closed, and whoever makes any such 
sales, or allows any such place to be open or remain open on 
that day shall be fined in any sum not exceeding one hundred 
dollars and not less than twenty-five dollars for the first 
offense, and for each subsequent offense shall be fined not 
more than two hundred dollars or be imprisoned in the 
county jail or city prison not less than ten days and not ex¬ 
ceeding thirty days, or both. In regular hotels and eating 
houses the word “place” herein used shall be held to mean 
the room or part of room where such liquors are usually 
sold or exposed for sale and the keeping of such a room or 
part of room securely closed shall be held, as to such hotels 
and eating houses as a closing of the place, within the mean¬ 
ing of this section. And any municipal corporation shall 
have full power to regulate the selling, furnishing or giving 
away of intoxicating liquors as a beverage and places where 
intoxicating liquors are sold, furnished or given away as a 
beverage, except as provided for in section 4364-20c of 
this act. 

Sec. 4364-20a. That whenever forty per cent, of the 
qualified electors of any municipal corporation shall petition 
the council thereof for the privilege to determine by ballot 
whether the sale of intoxicating liquors as a beverage shall 
be prohibited within the limits of such municipal corpora¬ 
tion, such council shall order a special election to be held in 
not less than twenty nor more than thirty days from the 
filing of such petition with the mayor of the municipal cor¬ 
poration or from the presentation of such petition to said 
council, which said petition shall be filed as a public docu¬ 
ment with the clerk of the municipality, and preserved for 
reference and inspection, and which election shall be held at 
the usual place or places for holding municipal elections, 
and notice shall be given and the election conducted in all 
respects as provided by law for the election of members 
of the council of the corporation, so far as said law may be 
applicable. The result of such election shall forthwith be 
entered upon the record of the proceedings of the council 
of the corporation by the clerk thereof, and in all trials for 



OHIO EJECTION HAWS. 


53 


violation of this act, the original entry of the record, or a 
copy thereof certified by the clerk of the corporation, pro¬ 
vided that said record shows that a majority of the votes 
cast at said election was against the sale of intoxicating 
liquors as a beverage, shall be prima facie evidence that the 
selling, furnishing or giving away of intoxicating liquors 
as a beverage or the keeping of a place where such liquors 
are sold, kept for sale, given away or furnished, if such 
selling, furnishing or giving away or keeping such place 
occurred after thirty days from the day of holding the elec¬ 
tion, was then and there prohibited and unlawful. 

Sec. 4364-206. The ballots at any special election, 
held under the provisions of this act, shall be printed with 
an affirmative and a negative statement, to-wit: “The sale 
of intoxicating liquors as a beverage shall be prohibited,” 
“The sale of intoxicating liquors as a beverage shall not be 
prohibited,” with a blank space on the left side of each state¬ 
ment in which to give each elector an opportunity to clearly 
designate his choice by a cross mark as follows: 

[.] The sale of intoxicating liquors as a beverage 

shall be prohibited. 

[.] The sale of intoxicating liquors as a beverage 

shall not be prohibited. 

And if a majority of the votes cast at such election shall 
be in favor of prohibiting the sale of intoxicating liquors as 
a beverage, then from and after thirty days from the date 
of holding said election it shall be unlawful for any person, 
personally or by agent, within the limits of such municipal 
corporation to sell, furnish or give away any intoxicating 
liquors to be used as a beverage, or to keep a place where 
such liquors are kept for sale, given away or furnished, for 
beverage purposes, and whoever from and after thirty days 
aforesaid in any manner directly or indirectly, sells, fur¬ 
nishes, or gives away, or otherwise deals in any intoxicating 
liquors as a beverage, or keeps or uses a place, structure or 
vehicle, either permanent or transient for such selling,, fur¬ 
nishing or giving away or in which or from which intoxicat¬ 
ing liquors are sold, given away or furnished or otherwise 
dealt in as aforesaid, shall be guilty of a misdemeanor, and 
shall on conviction thereof, be fined not more than two hun¬ 
dred dollars nor less than fifty dollars for the first offense, 
and shall for a second offense be fined not more than five 
hundred dollars nor less than one hundred dollars, and for 
any subsequent offense be fined not less than two hundred 
dollars and be imprisoned not more than sixty days and not 
less than ten days. But nothing contained in any of the sec¬ 
tions of this act shall in any manner affect the right of any 
manufacturer of intoxicating liquors from the raw material, 
to sell, deliver and furnish his product in wholesale quan¬ 
tities to bona fide retail dealers trafficking in intoxicating 
liquors or in wholesale quantities to any party or parties 
residing outside of the limits of said municipality. 


Record of 
result of 
election; its 
value as ev¬ 
idence. 


Ballots to b<3 
voted at the 
election. 


When sale 
shall be n- 
lawful. 


Penalty for 
making such 
prohibited 
sale. 


Manufactur¬ 
ers may sell 
at wholesale 
to retail 
dealers. 




34 


OHIO EJECTION LAWS. 


Meaning of 
phrase “in¬ 
toxicating 
liquors.” 

Regular 
Druggist 
may sell. 


Rebate of 
Dow tax 
when sale 
discontinued. 


What consti¬ 
tutes 40 per 
cent, of qual¬ 
ified voters. 


Entry and 
record of 
election. 


Sec. 4364-20c. The phrase “intoxicating liquors” as 
used in this act shall be construed to mean any distilled, malt, 
vinous or any other intoxicating liquors; but nothing in this 
act shall be construed to prevent the selling of intoxicating 
liquors at retail by a regular druggist for exclusively known 
medicinal, pharmaceutical, scientific, mechanical or sacra¬ 
mental purposes; and when sold for medicinal purposes it 
shall be sold only in good faith upon written prescription 
issued, signed and dated in good faith by a reputable physi¬ 
cian in active practice and the prescription used but once. 
The words “giving away” where they occur in this act shall 
not apply to the giving away of intoxicating liquors by a 
person in his private dwelling, unless such private dwelling 
is a place of public resort. 

Sec. 4364-20 d. When any person, company or cor¬ 
poration has discontinued such traffic in accordance with 
the provisions of this act, within the time specified by 
section 4364-20a of this act, has paid or is charged upon the 
tax duplicate with an assessment upon such traffic, the 
county auditor, upon being satisfied of such fact, shall issue 
to such person, company or corporation, a refunding order 
of an amount proportionate to the unexpired time for which 
said assessment has been paid. 

Sec. 4364-20*?. The petition for an election provided 
for in section 4364-20a of this act shall be deemed sufficient 
and the council shall order such an election when the peti¬ 
tion is signed by as many qualified electors as shall equal 
in number forty per cent, of the number of votes cast^in 
said municipal corporation at the last preceding general elec¬ 
tion in municipalities which are divided into wards; and in 
all other municipalities, forty per cent, of the qualified elec¬ 
tors at the last preceding municipal election, and in indict¬ 
ments, affidavits, or informations for violation of this act it 
shall not be necessary to set forth the facts showing that the 
required number of electors in the municipal corporation peti¬ 
tioned for an election, that the election was held, or that the 
majority voted in favor of prohibiting the sale as herein 
provided. But it shall be sufficient to state that the act com¬ 
plained of was then and there prohibited and unlawful. 

Sec. 4364-20/. The following shall be deemed a suffi¬ 
cient entry and record of the result of an election held under 
the provisions of this act as required by sections 4364-20a 
and 4364-20&: 


The State of Ohio, County, of.. munici¬ 
pal corporation of. 

The special election held on the ...... day of .., 

A. D.,., within and for the (municipal corporation of 

...) under the local option law resulted as 

follows: 

Whole number of votes “for the sale of intoxicating 
liquors as a beverage”. 









OHIO ELECTION LAWS. 


55 


Whole, number of votes “against the sale of intoxicating 
liquors as a beverage’’. 

Clerk of .... .. 

Sec. 4364-20g. Money received from fines and for¬ 
feited bonds collected under the provisions of this act shall 
be paid into the treasury of the municipal corporation 
wherein said fine was imposed or bond forfeited, and shall 
be applied to such fund or funds as the council of said cor¬ 
poration may direct. 

Sec. 4364-20/r. At any time after two years from the 
date of an election held under the provisions of section 
4364-20& of this act another election may be petitioned for 
and shall be ordered as provided for in section 4364-20&. 

Sec. 4364-20l Any person being a qualified elector of 
any municipal corporation wherein an election shall have 
been held as provided for in this act may contest the validity 
of such election by filing a petition duly verified with the 
probate court of the county in which such municipal cor¬ 
poration is situated, within ten days after the election, set¬ 
ting forth the grounds for contest. 

The probate judge, upon the filing of such petition, 
shall forthwith issue a summons, addressed to the mayor of 
such municipal corporation, notifying him of the filing of 
such petition and directing him to appear in said court on 
behalf of said municipal corporation, at a time named in 
the summons, which time shall be not more than twenty days 
after the election nor less than five days after the filing of 
such petition. 

The probate judge shall have final jurisdiction to hear 
and determine the merits of the proceedings, and in other 
respects in the procedure of the hearing he shall be gov¬ 
erned by the law providing for the contesting of an election 
of a justice of the peace so far as such law is applicable. 
The probate court shall require the person or persons con¬ 
testing the election to furnish sufficient security for costs 
before said petition is filed. 

Sec. 2. That section 4364-20 of the Revised Statutes 
of Ohio be and the same is hereby repealed, but an ordi¬ 
nance passed by a municipal corporation under the authority 
given in said section prohibiting places where intoxicating 
liquors are sold at retail shall remain in full force and effect 
until thirty days after an election has been held in accord¬ 
ance with the provisions of section 4364-20a of this act. An 
ordinance passed by a municipal corporation under the au¬ 
thority given in said section regulating places where intoxi¬ 
cating liquors are sold at retail, shall remain in full force 
and effect until said ordinance is repealed or amended under 
the authority granted in section 4364-20 of this act. 
[95 v. 87.] 


Disposition of 
fines. 


Another elec¬ 
tion may be 
ordered; 
when. 


Contest of 
election in 
probate court. 


Mayor shall 
be summoned. 


Method of 
procedure. 


Repeal and 
saving clause 
for ordi¬ 
nances. 




SCHOOL ELECTIONS. 


(3970-10). S£c. 1. That every woman born or nat¬ 
uralized in the United States, of the age of twenty-one years 
and upward, who shall have been a resident of the state one 
year, and of the county, town, township or other election dis¬ 
trict such time as the law provides for men, preceding any 
election held for the purpose of choosing any school director, 
member of the board of education or school council under 
the general or special laws of the state, shall be entitled to 
vote and be voted for at such election for any such officer or 
officers. [91 v. 182.] 

(3970-11). Sec. 2 . A separate box shall be provided 
for the ballots of those voting for any such office mentioned 
in section one of this act. [91 v. 182.] 

(3970-12.) Sec. 3. All laws relating to the registra¬ 
tion of voters shall apply to women upon whom the right to 
vote is herein conferred, provided, that the names of such 
women may be placed upon a separate list. [91 v. 182.] 

SCHOOL DISTRICTS. 

Sec. 3885. The state is hereby divided into school dis¬ 
tricts, to be styled, respectively, city districts of the first 
grade of the first class, city districts of the second grade of 
the first class, city districts of the first class, city districts of 
the second class, village districts, special districts and town¬ 
ship districts. [84 v. 184.] 

Sec. 3887. Each city of the second class, having a 
population of less than ten thousand, by the last preceding 
census, including the territory attached to it for school pur¬ 
poses, and excluding the. territory within its corporate lim¬ 
its detached for school purposes, shall constitute a school 
district, to be styled a city district of the second class. [88 
v. 430.] 


Women entitled 
to vote and be 
voted for at cer¬ 
tain school elec¬ 
tions. 


Separate ballot- 
boxes. 


Registraton. 


Classification of 


City districts of 
second class. 



OHIO ELECTION LAWS. 


CHANGE OF DISTRICTS. 

Sec. 3894. The board of education of any township 
district may decide to submit, and, on petition of two-thirds 
of the electors of the district, shall submit, at the first regu ¬ 
lar election for township officers after such decision is made 
or petition received, the question whether such township 
district shall be governed by the provisions of this title re¬ 
lating to village districts; and the board shall give notice 
of the vote to be taken, by posting up written "or printed 
notices, in ten or more public places in the township, 
at least twenty days prior to such election. [95 v. 54.] 

Sec. 3895. The election shall be conducted by the 
township trustees, who shall provide a separate ballot-box 
and separate poll-books, and make a return of the vote to 
the township clerk, and also to the commissioner of com¬ 
mon schools, within five days after the election; and the 
persons voting at such .elections in favor of such change 
shall have written or printed on their ballots, “School dis¬ 
trict,” and those opposed to such change, “No school dis¬ 
trict.” [70 v. 195, § 156.] 

CITY DISTRICTS OF THE FIRST CLASS. 

Sec. 3897. In city districts of the first grade of the 
first class the board of education shall consist of one mem¬ 
ber from each ward, and each member of the board shall 
■fie an elector of the ward, or of the township, or part of the 
township, which for school purposes has been or may be at¬ 
tached to such ward for which he is elected or appointed; 
provided, that in city districts of the first grade of the first 
class, beginning with the election of city officers to be held 
in April, 1897, one member shall be elected from each ward, 
or from territory attached to each ward for school purposes, 
who shall serve for the term of three (3) years; and pro¬ 
vided further, that all members, clerks and assistant clerks, 
of such boards heretofore elected, shall continue to be mem¬ 
bers, clerks and assistant clerks thereof until their succes¬ 
sors are elected and qualified as herein provided; and 
thereafter as the term of members elected by said ward, or 
ward with territory attached for school purposes, as above 
provided, shall expire, successors shall be elected for the 
term of three years; and provided further, that the clerks 
and assistant clerks of any such boards shall be elected for 
the term of three (3) years. If any person elected a mem¬ 
ber of said board shall, during his term as said member, 
move out of the ward for which he was elected, then his 
term shall cease and determine, and said board shall elect 
a person to fill the vacancy; the members elected under 
this act shall hold office until their successors are elected 
and qualified; provided, that the board of education estab¬ 
lished by this act shall be in all respects the successors ot 
the respective board whose place they take; but the mem¬ 
bers of such board of education shall not, as individuals or 
as local committees, exercise supervisory authority over the 


Township dis¬ 
tricts may be¬ 
come village 
districts. 


How a vote 
shall be taken. 


Cincinnati 
board of educa¬ 
tion ; how con¬ 
stituted; quali¬ 
fication, elec¬ 
tion, term, 
authority, etc., 
of members and 
clerks. 


58 


OHIO ELECTION LAWS. 


Board of educa¬ 
tion in city dis¬ 
tricts of the first 
class, except 
first and second 
grades. 


schools in the several wards or districts, or have the selec¬ 
tion or nomination of teachers; and provided further, that 
when a new or additional ward shall be created in such city 
district, the board of education shall proceed to elect a per¬ 
son who is an elector of such aditional ward, or of terri¬ 
tory thereto attached for school purposes, as a member of 
the board from such ward, to serve until the next election 
for members of the board of education, at which election 
the qualified electors of such new wards, and the territory 
annexed for school purposes, shall elect one judicious and 
competent person, having the qualifications of an elector of 
such ward or territory thereto attached for school purposes,, 
to serve as a member of the board of education. [Passed 
April 14, 1896; to take effect September 1, 1897; 92 v. 150, 
155.] 

Sec. 3898. In each city district of the first class, and 
not of the first or second grade, the board of education shall 
consist of two members from each ward, except in city dis¬ 
tricts organized under a law providing for one member only 
for each ward, in which districts the board may, at any time, 
by a vote of the majority of all its members, provide that 
thereafter each ward shall be represented by two members, 
and thereupon proceed to choose one additional member for 
each ward, to serve until the next annual election for city 
officers, and until the election and qualification of his suc¬ 
cessor ; and each member of the board shall be an elector of 
the ward for which he is elected or appointed; and at every 
annual election for city officers in a city which constitutes 
districts of the first class, wherein the board consists of two 
members for each ward, there shall be elected in each ward, 
by the qualified electors thereof, one judicious and com¬ 
petent person to serve as a member of the board of educa¬ 
tion of the district for two years, from the third Monday of 
April succeeding his election, and until the election and 
qualification of his successor; provided, that at the annual 
election for city officers, held after a city has been consti¬ 
tuted a city district of the first class, with a board to consist 
of two members from each ward, there shall be elected in 
each ward of such city, by the qualified electors of such ward 
and of said district entitled to vote in such ward, two persons 
of the required qualifications to serve as members of the 
board of education of such districts, one for one year and 
the other for two years from the third Monday of April 
succeeding their election and until the election and qualifica¬ 
tion of their successors ; and provided, that any elector resid¬ 
ing in such district, but not in any ward of such city, shall, 
if the territory containing his residence has not been at¬ 
tached to any ward for school purposes, as provided in sec¬ 
tion thirty-nine hundred be entitled to vote for member of 
the school board in the ward nearest his residence; and in 
such case a separate ballot-box and poll-book shall be pro¬ 
vided and used, as required in section thirty-nine hundred 
and two, in each ward where any such elector may be en¬ 
titled to vote when the board of education in such citv dis¬ 
trict of the first class consists of as many members as there 



OHIO ELECTION LAWS. 


58 


arc wards, there shall be elected at the annual election for 
city officers in the year eighteen hundred and eighty, and 
very two years thereafter, in each ward designated by an 
even number, and in the year eighteen hundred and eighty- 
one, and every two years thereafter in each ward desig¬ 
nated by an odd number by the qualified electors thereof, 
one member of the board, who shall hold his office for two 
years, and until the election and qualification of his succes¬ 
sor. Provided, that in any such city which has been, or 
may be redistricted for election purposes, by whomsoever 
or howsoever such redistricting may be made, such redis¬ 
tricting shall not affect the term of the members of the 
board of education then in office, but each of said members 
shall serve the full term for which he was elected, and shall 
be the member, in said board, for the remainder of the term 
for which he was elected, of the waud in which he resides, 
after such redistricting is made, if such ward shall be a part 
or the whole of the ward in which he was elected; at the 
annual election for city officers occurring next after such 
redistricting has been, or may be, had, a ffiember shall be 
elected for each ward created by such redistricting in which 
a member does not hold over as- above provided. The 
members chosen at such election from wards entitled to 
elect members for a term of two years shall serve for such 
period and until their successors, who shall also be elected 
for a similar term, are elected and qualified. The mem¬ 
bers chosen at such election from wards not entitled at such 
election to choose members for a term of two years, shall 
serve for one year, at the expiration of which term a suc¬ 
cessor shall be elected for each of said members to serve for 
a period of two years, and until his successor, who shall 
be elected for a term of two years, is elected and qualified. 
Any ward which, but for the holding over of a member, as 
above provided, would elect a member at the annual election 
for city officers occurring next after the redistricting of any 
such city, for a term of two years, shall, at the expiration 
of the term of such holding over member, elect a member 
for the term of one year, but the successor of any member 
so elected for one year, shall each be chosen for a term of 
two years and until his successor is elected and qualified. 
In city districts of the first class and not of the first or 
second grade, the boundaries of which are not identical 
or coterminous with the boundaries of the city, the popu¬ 
lation of which at the federal census of 1890 did not exceed 
10,100, the board of education shall consist of six mem¬ 
bers elected at large by the qualified electors of the district. 
Provided that at the next annual election, succeeding the 
passage of this act, two members shall be elected to serve 
two years and until the election and qualification of 
their successors, and at the second annual election succeed¬ 
ing the passage of this act two members shall be elected to 
serve two years and two members to serve three years and 
until the election and qualification of their successors. At 
all subsequent annual elections- two members shall be 
elected to serve three years and until the election and quali¬ 
fication of their successors. [92 v. 424.] 


City redistricted 
for election purr 
poses. 


Massillon. 


60 


OHIO ELECTION LAWS. 


Where certain 
< lectors to vote; 
platsof attached 
territory. 


Conduct of elec¬ 
tions. 


How electors on 
attached terri¬ 
tory to cast 
ballots. 


Vacancies. 


Membership of 
board of educa¬ 
tion. 


Election of 
members in city 
districts. 


Sec. 3900. An elector residing in the city district, bur 
not in any ward of the city, shall be entitled to vote in the 
ward to which he is attached by the board of education for 
school purposes; but an elector residing in the city and not 
in the city district, shall not be entitled to vote at any elec¬ 
tion provided for in this chapter; the board shall ascertain 
whether the city limits are coextensive with the limits of the 
school district; and in case the school district includes terri¬ 
tory without the corporate limits, the board shall make or 
cause to be made a plat of the territory so attached for 
school purposes, designating thereon by metes and bounds 
the ward or wards to which such attached territory is to be 
thereafter assigned; which plat shall be recorded as a part 
of the proceedings of the board. [TO v. 195, §§ 10, 11.] 

Sec. 3901. The election provided for in section three 
thousand eight hundred and ninety-seven shall be con¬ 
ducted by the judges and clerks of the city elections, and 
they shall make returns of such election to the board of 
education within five days from the time of holding the 
same. [70 v. 195, § 13.] 

Sec. 3902. The judges and clerks of city elections, in 
wards to which any territory beyond the city limits has been 
attached by the board of education for school purposes, 
shall have two separate ballot-boxes and two sets of poll- 
books ; the electors residing on such attached territory may 
vote at all regular and special elections in such wards for 
members of the board of education; the judges of election 
in such wards shall receive the ballots of the electors resid¬ 
ing on such attached territory, and deposit them in the bal¬ 
lot-box provided for that purpose; the clerks of election 
shall enter upon the separate poll-books provided for that 
purpose the names of such electors so voting; and due re¬ 
turns of such elections for members of the board shall be 
made as provided by section thirty-nine hundred and one. 
[70 v. 195, § 12.] 

Sec. 3903. The board of education may fill all va¬ 
cancies that occur in the board until the next annual elec¬ 
tion. [79 v. 59.] 

CITY DISTRICTS OF THE SECOND CLASS AND 
VILLAGE DISTRICTS. 

Sec. 3904. In city districts of the second class, and in 
village districts, the board of education shall consist of six 
members, except in districts organized under a law pro¬ 
viding for only three members, who shall have the qualifi¬ 
cations of any elector therein, and in such districts the mem¬ 
bership may be increased to six, in the manner hereinafter 
provided ; but the board of a city district of the second class 
may provide, by a vote of a majority of its members, that 
the board shall consist of as many members as the city has 
wards. [70 v. 195, §§ 16, 17.] 

Sec. 3905. In city districts of the second class, except 
such as are mentioned in section thirty-nine hundred and 
seven, members of the board of education shall be elected 




OHIO ELECTION LAWS. 


61 


annually, to serve for the term of three years from the third 
Monday of April succeeding their election, and until the 
election and qualification of their successors; if the board 
consists of six members, two judicious and competent per¬ 
sons shall be elected each year; and if the board consists of 
three members, one such person shall be elected each year. 
[75 v. 53, § 18.] 

Sec. 3906. If the boundaries of the district and [the] 
city are identical, or, if territory has been detached from the 
city and attached to another district, the election shall be 
conducted exclusively by the judges and clerks of the city 
election, but electors residing within the bounds of such 
detached territory shall not vote thereat; but if territory 
outside the city limits is attached to the district, an election 
shall also be held for the same purpose in the township from 
which it was detached, and conducted by the judges and 
clerks of the township election, but only electors residing 
within the bounds of such territory shall vote thereat; the 
election shall be held at the same time and places as the 
election for city or township officers shall be held; the 
names of candidates for such membership shall be upon sep¬ 
arate tickets, and all such tickets voted shall be deposited in 
separate ballot-boxes, which shall be provided by the board 
of education; separate poll-books of the election shall be 
kept, and returns of the election shall be made to the clerk 
of the city which constitutes the district. [83 v. 82.] 

Sec. 3907. In a city district of the second class, in 
which the board consists of as many members as the city 
has wards, there shall be elected biennially in each ward, at 
the time and in the manner provided in the preceding chap¬ 
ter for elections in city districts of the first class, one com¬ 
petent and judicious person to serve as a member of the 
board for two years from the third Monday of April suc¬ 
ceeding his election, and until the election and qualification 
of his successor; but at the first election after it is decided 
that the board shall be so constituted, the persons elected 
in wards designated by odd numbers shall serve for only 
one year from the third Monday of April succeeding their 
election, and until the election and qualification of their 
successors; and the board shall ascertain the limits of the 
district, assign attached territory to wards, and make and 
record a plat thereof, as provided in section thirty-nine hun¬ 
dred. [75 v. 53, § 18; 70 v. 195, § 101.] 

Sec. 3908. In village districts members of the board of 
education shall be elected on the first Monday of April, 
annually, to serve, for the term of tliree years from the third 
Monday of April succeeding their election, and until the 
election and qualification of their successors; if the board 
consists of six members, two judicious and competent per¬ 
sons shall be elected each year, and if it consists of three 
persons, one such person shall be elected each year; pro¬ 
vided, that when the village oi which the village district is, 
in whole or in part, composed, is divided into wards or vot¬ 
ing precincts, the election for members of the board of edu- 


Conduct of elec¬ 
tion of members 
of board of edu¬ 
cation in city- 
districts, second 
class. 


Election after 
membership in¬ 
creased. 


Election in vil¬ 
lage districts. 


62 


OHIO ELECTION LAWS. 


Notice of elec¬ 
tions. 


Returns to be 
made to board. 


How member- 
.ship increased. 


cation shall be held in each of such wards or precincts; but 
all the members shall be elected at large by the electors of 
the districts, and voters residing in such wards or precincts 
who are also residents of the school district, shall vote for 
members of the board of education in the ward or precinct 
in which they reside. The election for members of the 
board of education in such wards or precincts shall be held 
by the same judges and clerks provided for the municipal or 
township election, and returns of such election, duly certi¬ 
fied as in other cases, shall be made within fiye days to the 
clerk of the board of education of any such district. [91 
v. 121.] 

Sec. 3909. The clerk of the board of education of each 
city district of the second class, and of each village district, 
shall publish a notice of the election and meeting provided 
for in the preceding sections, in a newspaper of general cir¬ 
culation in the district, or post written notices of such meet¬ 
ing in five of the most public places in the district, at least 
ten days before the holding of the same, which notice shall 
specify the time and place of the election or meeting and 
the number of members to be elected. [75 v. 53, § 19.] 

Sec. 3910. The secretary of the meeting or clerks of 
elections in village districts provided for in this chaptei 
shall keep a poll-book and tally-sheet, and return the same, 
within five days after the election to the clerk of the board 
of education of the district, duly certified. [75 v. 53, § 20.] 

Sec. 3911. When the electors of a city district of the 
second class, or of a village district the board of education 
of which consists of three members, desire that the board 
shall consist of six members, they may make such change 
in the manner following: Written or printed notices shall 
be posted in at least five of the most public places in the dis¬ 
trict, at least ten days prior to the day designed therein, 
signed by a majority of the members of the board of educa¬ 
tion, or by one member of the board and at least ten resi¬ 
dent electors of the district, requesting the qualified electors 
of the district to assemble on a day, and at an hour and a 
place, to be designated therein, then and there to vote for 
or against such change; the electors, when assembled in ac¬ 
cordance with the notice, shall appoint a chairman and two 
clerks, who shall be judges of the election; the electors in 
favor of the proposed change shall have written or printed 
upon their ballots the words “Board—Change,” and those 
opposed thereto the words “Board—No Change,” and the 
ballots cast shall determine the question whether the change 
shall be made; the judges shall make due return of the elec¬ 
tion to the board of education of the district, within ten days 
after holding of the same; and if a majority of the votes 
cast be found to be in favor of the change, three additional 
members of the board shall be chosen at the next annual 
election for school officers, one to serve for one year, one 
for two years, and one for three years, and annually there¬ 
after two members of the board shall be chosen to serve for 
three years, as provided in section thirty-nine hundred and 
five. [70 v. 195, § 21.] 





OHIO ELECTION LAWS. 


63 


Sec. 3912. When the electors of a village desire to How village 
LTect it into a village district they may proceed in the fol- SiiagedStHct. 
lowing manner: Written or printed notices, signed by not 
less than five electors residents of the village, shall be posted, 
at least ten days prior to the day designated therein, in at 
least five of the most public places within the village, re¬ 
questing the electors thereof to meet for the purpose of vot¬ 
ing on the question of establishing a village district, on a 
day, and at an hour and a place, to be designated in the 
notices; the meeting shall be held within the limits of the 
village, between the hours of six o’clock a. m., and six 
o’clock p. m., and the polls shall be kept open at least six 
hours; the electors, when assembled in accordance with 
the notice, shall appoint a chairman and two clerks, who 
shall be judges of the election; the electors in favor of the 
proposed village district shall have written or printed on 
their ballots the words “Village district—Yes,” and those 
opposed thereto the words “Village district—No,” and the 
votes cast shall determine the question whether such vil¬ 
lage district shall be established; if a majority of the votes 
cast at such election be opposed to the establishment of such 
village district, the question of establishing the same shall 
not again be submitted to the electors of the village until 
the succeeding regular annual election for village officers, 
and then only upon notice being given as above provided; 
and if a majority of the votes cast at such election be in 
favor of the establishment of such district, the village may 
be organized as a village district in the manner provided in 
the next two sections. [74 v. 140, § 4.] 

Sec. 3913. Written or printed notices, signed by not H 9 W village disk¬ 
less than five electors residing within the limits of the vil- trict organized, 
lage, shall be posted in at least five of the most public places 
therein, requesting the electors of the village to meet, for the 
purpose of electing a board of education for such proposed 
village district, on a day, and at an hour and a place, desig¬ 
nated in the notices, which notices shall be posted at least 
ten days prior to the day designated in them for such meet¬ 
ing; the electors, when assembled in accordance with the 
notice, shall appoint a chairman and two clerks, who shall 
be judges of the election, and shall then choose by ballot six 
competent and judicious persons to serve as. membes of the 
board of education of the propsed district—two to serve 
for one year, two to serve for two years, and two to serve 
for three years, from the third Monday of April next pre¬ 
ceding the organization of the district, and until the election 
and qualification of their successors; but if the election be 
held on the day of the annual election for school officers 
there shall be elected two persons to serve for one year, two 
for two years, and two for three years from the third Mon¬ 
day in April succeeding their election, and until the elec¬ 
tion and qualification of their successors. [71 v. 55, § 5.] 

Sec. 3914. If such election be held on the first Mon- organization 
day of April, the board elected thereat shall organize at the of board, 
time and in the manner provided in section thirty-nine hun¬ 
dred and eighty; but if the election be held at any other 
time, the board shall organize on the next Monday there¬ 
after, and in the same manner. [71 v. 55, § 0.] 


64 


OHIO ELECTION LAWS. 


Township board 
of education ; 
how constituted 
and organized. 


Directors; first 
election. 


Classes. 


Subdirectors; 
election; terms. 


Subsequent 

elections. 


Notice of 
election. 


Designation 
office to be 
filled. 


Election, 
where held. 

Judges; oath. 


i Election in new 
'subdistrict. 


Notices. 


How conducted; 
term of director. 


Terms of sub¬ 
director deter¬ 
mined by lot. 


TOWNSHIP DISTRICTS. 

Sec. 3915. The board of education of each township 
district divided into subdistricts shall consist of the town¬ 
ship clerk, and one director elector [elected] for a term 
of three years for each subdistrict; such board shall or¬ 
ganize on the third Monday in April of each year by elect¬ 
ing one of its members president. The clerk of the town¬ 
ship shall be ex officio the clerk of the board, but shall have 
no vote except in case of a tie. [93 v. 45.] 

Sec. 3916. There shall be elected by ballot on the 
second Monday of April, 1893, in each subdistrict, by the 
qualified electors thereof, one competent person, having the 
qualifications of an elector therein, to be styled director.. 
Those elected shall be divided upon the third Monday of 
April thereafter by lot, into three classes as nearly equal as 
possible; the directors of the first class shall serve for the term 
of one year, the directors of the second class for two years, 
and the directors of the third class for three years; and there 
shall be elected on the second Monday of April, 1898, in 
each subdistrict, by the qualified electors thereof, two com¬ 
petent persons, having the qualifications of electors therein, 
to be styled subdirectors. In all subdistricts where direc¬ 
tors are elected in 1898, one subdirector shall be elected for the 
term of one year, and one for the term of two years; in all sub¬ 
districts where directors shall be elected in 1899, one subdirector 
shall be elected for the term of two years, and one for the term of 
three years, and in all subdistricts where directors shall be elected 
in 1900, one subdirector shall be elected for the term of one year, 
and one for the term of three years. All elections of directors or 
subdirectors thereafter shall be held on the second Monday of April 
and all directors or subdirectors shall serve until their successors 
are elected and qualified. [93 v. 45.] 

Sec. 3917. The director of each subdistrict shall post 
written or printed notices in three or more conspicuous 
places in his subdistrict at least six days prior to the elec¬ 
tion designating the day and hour of opening and the hour 
of closing the election, and he shall also designate whether a 
director or subdirector shall be elected, the election shall be 
held at the usual place of holding school meetings in the 
subdistrict; the meetings shall be organized by appointing a 
chairman and secretary, who shall act as judges of the elec¬ 
tion under oath or affirmation, which oath or affirmation 
may de administered by the director of the subdistrict, or any 
other person competent to administer such an oath or af¬ 
firmation, and the secretary shall keep a poll book and tally 
sheet which shall be signed by the judges and delivered 
within eight days to the clerk of the township. [95 v. 462.] 

Sec.. 3922. When the board consolidates two or more 
subdistricts into a new subdistrict, or establishes a new sub¬ 
district in any other way, it shall call a special meeting of the 
qualified electors resident in the new subdistrict for the 
purpose of electing one director and two subdirectors for the same; 
at least five days. before the time fixed for the meeting, the 
board shall post, in three of the most public places in the new 
subdistrict, written or printed notices stating time, place and 
object of holding the meeting; the election shall be conducted as 
provided in this chapter; and a director shall be elected to serve 
the term which will render the classes of directors most equal, 
from the annual meeting on the third Monday of April next pre¬ 
ceding the ■ rganization of the new subdistrict; and the terms of 
the tv- ctors shall be determined by lot; and the terms 






OHIO ELECTION LAWS. 65 

of office of the directors and subdirectors of subdistricts so 
consolidated, shall expire at the time such new district is 
created. [93 v. 47.] 

Sec. 3927. When a special district is abandoned, there SJldi?diYtrict 
shall be an election of director and two subdirectors, as abandoned, 
provided in this chapter, and for the terms directed in sec¬ 
tion 3922. The clerk of the special or village district board tody Sfclerk?* 
shall deliver to the clerk of the township board, all the GOU “ t y 

books and papers of the special district in his custody, and au 1 ° n 
notify the county auditor, in writing, of the abandonment 
of the organization of the district; the treasurer of the 
special or village district board shall deliver to the treas- treasure? 
urer of the township board all the books, papers and 
money of the special or village district in his possession; 
the township board shall complete all unfinished business buslilessf* 1 
pertaining to the special or village district; any debt con- Debts - 
tracted by the special or village district board shall be paid 
out of the money transferred to the treasurer of the town¬ 
ship board, as herein provided, and out of the money aris¬ 
ing from the taxes levied by the special or village district 
board; and if such funds are insufficient therefor, the re- special tax. 
mainder shall be paid by a special tax upon the property 
of the subdistrict so created. [93 v. 47.] 

Sec. 3978. In all cases of tie votes at an election for Tie vote, 
[director] directors or subdirectors, the judges of election 
shall decide the election by lot; and in other cases of or a re U fusai to lect 
failure to elect directors or subdirectors, or in case of a serve, 
refusal to serve, the board shall appoint. [93 v. 47.] 

Sec. 3981. Vacancies in any board of education, or boSdcff edScar 
vacancies in the office of subdirector of any subdistrict tion or office of 
arising from death, non-residence, resignation, expulsion how filled, 
for gross neglect of duty, failure of a person elected or 
appointed to qualify within ten days after the annhal or¬ 
ganization or after his appointment, or from other cause, 
which occur more than fifteen days before the next annual 
election, the board shall fill within ten days from the oc- * 
currence of the vacancy, until the next annual election, 
when a successor shall be elected to fill the unexpired term ; 
provided such vacancies [in township boards] may be filled 
by the board of education at the next regular meeting, as 
prescribed in section 3920. [93 v. 48.] 

SPECIAL DISTRICTS. 

Sec. 3923. The board of education of each special dis- Board of special 
trict shall consist of three members, who shall be residents constituted and 
of the district, and have the qualifications of an elector how increased, 
therein ; and when the electors of a special district, the board 
of education of which consists of three members, desire that 
the board shall consist of six members, they make such 
change in the same manner as provided for city districts of 
the second class and village districts, in section thirty-nine 
hundred and eleven. [70 v. 195, § 22,] 

Sec. 3924. There shall be elected annually, by ballot, Election of 
on the first Monday of April, in each special district, by mem ers ' 
the qualified electors thereof, at the usual time and place of 
holding school elections in such district, one judicious and 


OHIO ELECTION LAWS. 


66 


Notice and con¬ 
duct of election 


How special dis¬ 
trict abandoned. 


Notice of elec¬ 
tion. 


Judges of elec¬ 
tion ; how 
chosen. 


Returns of 
election. 

Township board 
to have jurisdic¬ 
tion of territory, 
etc. 


Withdrawal 
from special 
district. 


competent person to serve as member of the board for three 
years from the second Monday .succeeding his election, and 
until the election and qualification of his successor; but in 
special districts hereafter established the first election for 
members of the board shall be held within twenty days after 
such establishment, at least five days’ previous notice of 
which, stating the time and place of meeting, and signed 
by at least three electors of the district, shall be posted in 
three of the most conspicuous places in the district; at such 
meeting a chairman and clerk shall be chosen, and there 
until the second Monday of April next succeeding his 
election, and one to serve for one year and one for two years 
from said second Monday, and each to serve until the elec¬ 
tion and qualification of his successor. [95 v. 58.] 

Sec. 3925. The clerk of the district shall post written 
or printed notices, in three or more conspicuous places in 
the district, at least six days prior to the day of election, 
designating the day and the hour of opening and closing 
the election; and the election shall proceed, and a return 
thereof be made, in the manner provided for elections in 
village districts, and shall continue at least two hours. [71 
v. 57, § 24.] ' 

Sec. 3920. When the electors of a special or village 
district desire to abandon their organization; and become 
a part of the township district of the township in which 
such special or village district is located, they shall make 
the change in the following manner: Written or printed 
notices shall be posted in at least five of the most public 
places in the district, signed by a majority of the members 
of the board of education, or one of the board, and at least 
six resident electors of the district, requesting the qualified 
electors thereof to assemble on a day, and at an hour and 
place, designated in the notices, which notices shall be 
posted at least ten days prior to the day designated in 
them, then and there to vote for or against such change; 
the electors, when assembled at the time and^ place desig¬ 
nated in the notices,-shall appoint a chairman and two 
clerks, who shall be judges of the election, which shall 
continue at least two hours; those in favor of the proposed 
change shall have written or printed on their ballots the 
words, “School—change,” and those opposed thereto the 
words, “School—no change;” and a majority of the ballots 
cast shall determine the question whether the change be 
made; the judges shall within five days after the election 
make due return thereof to the board of education of th£ 
district; and if a majority of the votes cast are in favor of 
the change, the board shall immediately certify that fact to 
the township board, which shall thereupon assume juris¬ 
diction of the territory, property, and affairs of the special 
district, and thereafter treat such district as a subdistrict of 
the township district. Provided, however, that in a spe¬ 
cial district, which has been created from two or more 
joint subdistricts, subdistricts or parts of subdistricts if the 
electors of the territory which formerly composed any one 
or more of such joint subdistricts, subdistricts or parts of 





OHIO ELECTION LAWS. 


67 


subdistricts desire to withdraw from the special organiza¬ 
tion and become a part of the township in which they are 
situated, the change may be made by a majority vote of the 
electors of the special district except that posted notices 
signed by six resident electors shall be sufficient to call such 
election. [94 v. 233.] 

SCHOOL FUNDS. 

Sec. 3959. Such estimate and levy shall not exceed, 
in cities of the first grade of the first class, three and one- 
fourth mills; provided, however, that the boards of educa¬ 
tion in said cities may levy one mill additional for every 
five thousand pupils over and above twenty-five thousand 
enrolled in the public schools of said cities, which levy, how¬ 
ever, shall, in no case exceed four and one-tenth mills; and 
in cities of the second grade of the first class boards of edu¬ 
cation may levy for a period of five years and no longer, 
in addition to the seven mills, and the one mill for school- 
house sites and buildings, hereinafter provided for, a tax 
not to exceed one-half of a mill on the dollar of valuation 
of taxable property within said districts, which said levy 
shall be used for the purchase of schoolhouse sites and 
erection of school buildings thereon and for the equip¬ 
ment of the same and for no other purpose whatever, and 
for the purpose of paying for such sites or for the construc¬ 
tion of such buildings or for the equipment of the same 
such boards of education may issue certificates of indebted¬ 
ness in anticipation of such levy payable at such times, and 
not exceeding one year from date of issue, as they may 
designate, but bearing no interest before maturity. Boards 
of education in all city districts, except cities of the first 
grade of the first class, by an affirmative vote of three- 
fourths of all the members elected, may levy, in addition 
to all taxes allowed by law to be levied, a tax not to exceed 
one mill on the dollar of valuation of taxable property within 
said district, which levy shall be used for the purchase of 
schoolhouse sites, the erection of school buildings thereon 
and the payment of indebtedness created for such purposes, 
and for no other purpose whatever; and for the purpose 
of paying for such sites or for the construction of such 
buildings such boards of education may issue , certificates 
of indebtedness in anticipation of such levy, payable at such 
times not exceeding one year from date of issue as they 
may designate, but bearing no interest before maturity. In 
all "township, special, and village districts in the state, such 
estimate and levy shall not exceed ten mills on each dollar 
of valuation of taxable property in the district. In all school 
districts not herein provided for, such estimate and levy 
shall not exceed seven mills on each dollar of valuation of 
taxable property in the district. A greater tax than is au¬ 
thorized above, except in city districts of the first class, may 
be levied for either of the purposes specified in section 3958 
of the Revised Statutes of Ohio, if the proposition to make 


Maximum 
levy in Cin¬ 
cinnati. 


Cleveland. 


Other City 
districts. 


Township, 
special and 
village dis¬ 
tricts. 

All other dis¬ 
tricts. 


When and for 
what purpose 
greater tax 
may be levied. 


68 


OHIO ELECTION LAWS. 


When and how 
question of tax- 
levy submitted 
to voters. 


If levy ap¬ 
proved, board to 
certify it to 
auditor. 


such levy shall have been first submitted by the board of 
education to a vote of the electors of the school district, 
under a resolution prescribing the time, place and manner 
of voting on the same, and approved by a majority of those 
voting on the proposition, notice of which election must be 
given by publication of the resolution for three consecutive 
weeks prior thereto in some newspaper published and of 
general circulation in the district, or by posting copies 
thereof in five of the most conspicuous places in the dis¬ 
trict, for a like period, if no such paper is published therein. 
[95 v. 245,] 

SCHOOL-HOUSES. 

Sec. 3991. When the board of education of any district 
determines that it is necessary for the proper accommoda¬ 
tion of the schools of such district to purchase a site or sites 
and erect a school-house or school-houses thereon, or to do 
either, or when it shall become known to a board of educa¬ 
tion that the money provided for the purchase of a site or 
sites and the erection of a school-house or school-houses 
it not sufficient therefor, and such board ascertains that the 
purchase of such site or sites'and the erection and furnish¬ 
ing of such school-house or school-houses, or either, or the 
completion of a partially built or unfurnished school-house 
or school-houses for which a sufficient sum of money has 
not been provided, will require a greater tax upon the prop¬ 
erty of such district than the board is authorized by this 
title to levy, and that to provide means therefor it will be 
necessary to issue bonds, it shall make an estimate of the 
probable amount of money required for such purposes, or 
either of them, and at a general election, or a special election 
called for that purpose, shall submit to -the electors of the 
district the question of levying taxes for such purposes or 
either of them, and the further questions whether The levy 
shall be made from year to year thereafter, and what 
amount shall be levied each year until the actual cost of 
such site or sites, the erection of such school-house or 
school-houses, or completion or furnishing or refurnishing 
of same or either of them, is raised; and ten days’ notice of 
such submission shall be given by the board by posters 
put up in five of the most public places in the district, which 
shall state the time, place and object of the election. [94 
v. 38.] 

Sec. 3992. If a majority of the electors at such elec¬ 
tion vote in favor of levying taxes for such purposes, or 
either of them, of continuing the levy from year to year 
thereafter, and for the amount to be levied each year; the 
board shall certify the levy annually to the county auditor, 
who shall place the same upon the tax duplicate in the same 
manner that other taxes certified by such board are required 
to be placed thereon; and when the district is divided by a 
county line, the levy shall be certified, collected, and paid in 
the manner provided in sections thirty-nine hundred and 
sixty-one and thirty-nine hundred and sixty-two, in the case 
of levies for joint subdistricts. [70 v. 195, § 62.] 




OHIO ELECTION LAWS. 


69 


HIGH SCHOOLS. 

Sec. 4009L Any ten or more of the qualified electors 
of any township having a village district or special district 
within its limits, may give ten days’ notice before any gen¬ 
eral election that a separate vote will be taken at the next 
general election in said township, in each of the districts 
proposed to be so united", on the proposition to unite such 
village, township district, or specal district, or any two of 
said districts for high school purposes. Such notice shall 
be sufficient, if given by publication in a newspaper pub¬ 
lished and of general circulation in said township, and by 
being conspicuously posted in at least three public places in 
each of the districts interested. At such next general elec¬ 
tion held after publication of such notice, all electors voting 
in favor of such union shall have written or printed on their 
ballots, “Special district for high school purposes—Yes;” 
and all electors voting against such union, shall have written 
or printed on their ballots, “Special district for high school 
purposes—No.” If a majority of the ballots cast on the 
proposition in each of said districts have on them the words 
“Special district for high school purposes—Yes,” such vil¬ 
lage, township and special districts, or any two of said dis¬ 
tricts shall thereafter be united as a special district for high 
school purposes ; and the judges of such election shall certify 
to the court of common pleas of the county in which such 
township is situate, the result of such election, which certifi¬ 
cate shall be placed upon the journal of said court; where¬ 
upon said court shall appoint three judicious persons, one 
for one year, one for two years and one for three years, 
residents of said township, as the board of education of such 
special district for high school purposes, one member of 
such board of education to be elected every year [there¬ 
after, to hold said office for three years, or until his successor 
is elected. Such board of education, when so appointed, 
shall have all the powers now conferred by law upon other 
boards of education. [82 v. 128.] 

CENTRALIZATION DISTRICTS. 

Sec. 3927-1. For the purposes of this act the word 
“centralization” is hereby defined as a system of schools in a 
township providing for the abolishment of all subdistricts 
and the conveyance of pupils to one or not to exceed two 
central schools. 

Sec. 3927-2. A township board of education may sub¬ 
mit the question of centralization, and upon the petition of 
not less than one-fourth of the qualified electors of such 
township district, must submit such question to a vote of 
the qualified electors of such township district, and if more 
votes are cast in favor of centralization than against it, at 
such election, it shall then become the duty of the board of 
education, and such board of education is required to pro¬ 
ceed at once to the centralization of schools of the township 
and if necessary, purchase a site or sites and erect a suitable 


Vote on union 
of districts for 
high school 
purposes; ap¬ 
pointment of 
board of educa¬ 
tion for high 
school. 


“Centraliza¬ 
tion” defined. 


Submission of 
question of 
centralization. 



70 


OHIO ELECTION LAWS. 


Submission of 
question of 
decentraliza¬ 
tion. 


Conduct of 
elections. 


Submission of 
question of 
issuing bonds. 


Board of ed¬ 
ucation; elec¬ 
tion and 
term. 


building or buildings thereon; provided, that if, at the said 
election, more votes are cast against the proposition for cen¬ 
tralization than for it, the question shall not again be sub¬ 
mitted to the electors of said township district for a period 
of two years. 

When the schools of a township have been centralized, 
such centralization shall not be discontinued within three 
years thereafter, and then only by petition and election as 
required herein and if at such election more votes are cast 
against centralization than for it the division into subdis¬ 
tricts, as they existed prior to centralization, shall be thereby 
reestablished and at the next regular election for school 
officers directors and subdirectors shall be elected and a 
board of education established as provided in sections 3915, 
3916 and 3917 of the Revised Statutes of Ohio, provided 
that the notices required in sections 3917 shall be given by 
the clerk of the board of education; when said newly elected 
board shall have been duly organized it shall be the successor 
of the centralized township board and said centralized board 
shall be thereby abolished. 

Sec. 3927-3. All elections ordered by a board of edu¬ 
cation in pursuance of section 3927-1 of the Revised Stat¬ 
utes of Ohio shall be held at the usual place or places of 
holding township elections, at a regular or special election 
as may be determined by the board and notice shall be given 
and the election conducted in all respects as provided by law 
for the election of township officers, and the ballots shall 
have printed thereon: “For centralization — yes.” “For 
centralization — no.” 

Sec. 3927-4. Should the board of education deem it 
necessary to issue bonds to purchase a site or sites or erect 
a building or buildings for the purposes of such centraliza¬ 
tion, then the election shall be conducted as provided in sec¬ 
tion 3927-2 of the Revised Statutes of Ohio, but in such case 
the ballots shall have printed thereon: “For levying a tax 

to purchase.site (or sites) and erect.building 

(or buildings) for the centralization of schools at a cost not 

to exceed $., yes.” “For levying a tax to purchase 

.site (or sites) and erect.building (or build¬ 
ings) for the centralization of schools at a cost not to ex¬ 
ceed $., no.” And if more votes are cast in favor of 

levying said tax for said purpose +han against said proposi¬ 
tion, at such election, it shall be Lie duty of the said board 
of education, and the board of education is authorized to 
issue bonds and sell the same as provided by law and to levy 
a special tax to provide for the payment of the same, to¬ 
gether with interest thereon; provided said levy shall not in 
any one year exceed five mills on the dollar valuation and 
said bonds shall not bear more than six per cent, interest 
and shall not be sold at less than their face value. 

Sec. 3927-5. In a township district in which proceed¬ 
ings have been had under the preceding sections, and the 
vote has been favorable for centralization, there shall be 










OHIO ELECTION LAWS. 


71 


an election held on the next succeeding first Monday of 
April for the election of a board of education consisting of 
five members elected at large in said township district; one 
of whom shall serve for three years, two for two years and 
two for one year; and two members shall be elected annually 
thereafter for a term of three years, except, every third year 
but one shall be elected for three years. Said election shall 
be held at the annual voting place or places in said township, 
by the regular election officers and shall be conducted in all 
respects as provided by law for the election of township 
officers; provided, there shall be a separate ballot box, poll 
books and tally sheets, and said election officers shall re¬ 
ceive no extra compensation for such services. At such elec¬ 
tions all the electors residing in any joint subdistrict, the 
school of which is controlled by the board of education of 
said centralized township district, shall be entitled to vote 
and be eligible to office as members of said board; provided, 
however, that the school of said joint subdistrict shall be 
under the management and control of said centralized board 
and said joint subdistrict shall not be included in said cen¬ 
tralization. 

Sec. 3927-6. Upon the election, qualification and or¬ 
ganization of the board of education provided for in section 
3927-4 of the Revised Statutes of Ohio the board of edu¬ 
cation previously existing in said township district shall 
cease to exist and the same is hereby abolished and the 
board of education provided for in this act shall be con¬ 
sidered the successor of the former townhip board, with 
full power to levy taxes on property in joint subdistricts, 
in the same manner as the previously existing township 
board of education. 

Sec. 3927-7. The treasurer of the township shall be 
ex officio treasurer of the board of education, provided, that 
in all other respects the laws governing village boards of 
education shall govern and control all boards of education 
organized as provided by this act. 

Sec. 3927-8. Boards of education in township dis¬ 
tricts organized as provided for by this act are required to 
maintain and support a graded course of instruction, and 
may include a high school course of not less than two years; 
they are also required to furnish transportation to and from 
school, to all pupils living more than three-fourths of a mile 
from the central building, said distance to be measured from 
the enclosure immediately surrounding their residence to the 
schoolhouse property, along the nearest public highway. 

Sec. 3927-9. Provided that in any township the 
schools of which have been, or may hereafter be, centralized 
and which township also contains a special school district, 
any territory which adjoins such special school district, and 
which prior to centralization comprised one or more sub¬ 
districts, may be taken out of such centralization and added 
to such special district, whenever a majority of the electors 
residing in such subdistrict territory shall petition such 


Abolishment 
of prior exist- - 
ing board; * 
its successor. 


Township 
treasurer ex 
officio treas¬ 
urer of board. 


Course of 
instruction. 


Submission 
of question of 
detachment of 
territory from 
centralized 
district and 
attachment to 
special dis¬ 
trict. 


72 


OHIO ELECTION LAWS. 


Proviso. 


special district therefor, and a majority of the electors re¬ 
siding in such special district, at a general or special election 
held therein shall vote in favor thereof. The judges and 
clerk of said election shall certify the result thereof to the 
clerk of the board of education in such special district, and 
said board shall cause the same to be entered upon its record 
book, and if a majority of the electors voting at such elec¬ 
tion vote in favor thereof such addition shall be deemed 
complete, and said- board of education shall cause a correct 
map of said special district including said added territory 
to be forthwith certified to the county auditor or auditors, 
in case more than one county is affected thereby, to be by 
him duly entered and recorded, and such added territory 
shall thereupon become subject to all the laws governing 
the taxation and conduct of special school 'districts. Pro¬ 
vided further, that in all special school districts having an 
enumeration of less than two hundred there shall be main 7 
tained but one school, but nothing herein contained shall be 
construed as prohibiting different rooms or grades of the 
same school. The provisions of this section shall also apply 
to special districts and to subdistricts in townships that have 
not been centralized and the transfer of territory, whether 
the same is all in one county or in two or more counties can 
be made in like manner. [95 v. 649.] 


TURNPIKES. 

Questions of Sec. 4763. The commissioner shall not levy any gen- 

fur n n e pfkes a mu f ?t r eral tax, nor appropriate any money, except so far as may 
eiector S mitted to b e necessar y to P a y the expense of preliminary surveys al¬ 
ready commenced, or any other liabilities already incurred, 
to be expended in the construction of such turnpikes, with¬ 
out first submitting to the qualified voters, of the county the 
question as to the policy of constructing such roads by gen¬ 
eral tax, which submission shall be made at any annual 
spring or fall election; and the commissioners shall cause 
public notice of such vote to be given by publication in all 
the newspapers printed and of general circulation in the 
county, and also by causing handbills to be posted up, at 
the usual place of holding elections, in ekch township and 
ward throughout the county at least fifteen days prior to 
such election ; provided, that in any county in which such 
question has heretofore been submitted, under authority 
of an act entitled “An act to authorize county commission¬ 
ers to locate and construct turnpike roads,” passed April 
30, 1869, and acts amendatory thereto, and in which, at 
such election the majority of the votes cast, were in favor 
of such policy, no vote shall again be required to authorize 
the commissioners to continue such tax and improve roads 
as provided for in this chapter. [77 v. 161.] 

Conduct of the Sec. 4764. The judges of such election in the several 

election. townships and wards in any county in which such question 

is submitted, and such notice given as aforesaid, shall open 
a poll for taking such vote, receive and count the ballots 



OHIO ELECTION LAWS. 


73 


cast, and within three days thereafter return to the auditor 
of the county a full and correct abstract of the votes, and 
shall in all respects be governed by the laws regulating gen¬ 
eral elections, and be entitled to the same compensation for 
returning the poll-books, which shall be paid out of the 
county treasury on the order of the auditor; and the poll- 
books so returned shall, within five days from the day of 
holding such election, be opened, and the votes counted by 
the commissioners and auditor of the county, and a correct 
statement of the result shall be kept by the auditor on file 
in his office for public inspection. [07 v. 9, § 2.] 

Sec. 4705. If at such election a majority of the votes 
so cast be against the policy of constructing such turnpikes, 
the commissioners shall not assess any tax for that purpose, 
but they may, on petition of not less than one hundred tax¬ 
payers of the county, again submit the same question at any 
regular annual election, either in. the spring or fall, to the 
qualified voters of the county, notice of which shall be 
given, and the election conducted in all respects in the 
manner prescribed in the two preceding sections. [67 v. 
9, § 3.] 

Sec. 4766. If at any such election a majority be found 
in favor of the construction of such turnpikes, the commis¬ 
sioners may proceed to levy taxes, issue bonds, and appro¬ 
priate and expend money in the construction of such turn¬ 
pike roads, as in their judgment may be necessary to the 
public convenience, and promotive of the public interest. 

Sec. 4823. ^Councils of villages are authorized to levy 
a tax to construct free turnpike roads, or a part thereof, in 
counties wherein such villages are situate, and terminating 
or running through such villages, and for this purpose such 
councils are authorized to issue the bonds of the village, 
payable with legal interest at such times 2s the councils may 
deem advisable, and such bonds shall not be sold for less 
than their par value. [64 v. 54, § 2; 64 v. 409, § 1.] 

Sec. 4824. For the purpose of paying such bonds, and 
the interest thereon, as the same become due, the councils 
are authorized to levy a tax upon the taxable property of 
such villages sufficient for the purpose not exceeding five 
mills on the dollar in any year; but such tax shall in no 
case be levied, nor shall such bonds be issued until at some 
regular election, held in such villages, the majority of the 
qualified electors thereof approve the tax; and in case the 
amount to be appropriated for any one road does not ex¬ 
ceed the sum of five hundred dollars, the councils may ap¬ 
propriate and apply the same in money for said road im¬ 
provement, out of any money on hand, or funds not other- 


Question may¬ 
be again sub¬ 
mitted. 


Effect of an 
affirmative vote. 


Villages may 
assist in con¬ 
structing such 
roads. 

May issue 
bonds. 


Tax to be sub¬ 
mitted to elect¬ 
ors. 


74 


Convict incom¬ 
petent to be an 
elector, or juror, 
unless pardoned 
or restored to 
citizenship. 


Convict of other 
state disfran¬ 
chised. 


Betting on elec¬ 
tion; now pun¬ 
ished. 


No intoxicating 
liquors to be 
sold on election 
days and drink¬ 
ing places to be 
closed. 


OHIO ELECTION LAWS. 

wise appropriated, without issuing bonds or levying a tax, 
such appropriation to be made by an ordinance passed for 
the purpose, specifying particularly the amount, and for 
what road appropriated. [72 v. 83, § 3.] 

CRIMES AND OFFENSES. 

Sec. 6797. A person convicted of felony shall, unless 
his sentence be reversed or annulled, be incompetent to be 
an elector or juror, or to hold any office of honor, trust or 
profit in this state; the pardon of a convict shall effect a 
restoration of the rights and privileges so forfeited, or they 
may be restored as provided in section seven thousand four 
hundred and thirty-two; but a pardon shall not release a 
convict from the costs of his conviction, unless so stated 
therein. [78 v. 90.] 

Sec. 6798. A person who has been actually impris¬ 
oned in the penitentiary of any other state of the United 
States, under sentence for the commission of any crime 
punishable by the laws of this state by imprisonment in the 
penitentiary, is incompetent to be an elector or juror, or to 
hold any office of honor, trust, or profit within this state, 
unless he shall have received a general pardon from the gov¬ 
ernor of the state in which he may have been imprisoned, 
agreeablv to the laws thereof. [40 v. 30, § 1; 73 v. 127, 
§33.] 

Sec. 6939. Whosoever makes any bet or wager, sells 
or purchases any pools, on the result of any election held 
under the laws of this state, or upon the election of any per¬ 
son to any office, post, or situation, which by the constitu¬ 
tion or laws of this state is made elective, or upon the elec¬ 
tion of president or vice-president of the United States, or 
of any elector of president or vice-president of the United 
States, shall be fined not more than five hundred nor less 
than five dollars, or imprisoned not less than ten days or 
more than six months; and when the amount put at hazard 
is between said sums, the fine shall equal the amount so 
hazarded. Prosecutions under this section shall be com¬ 
menced within one year from the time the offense is com¬ 
mitted. [75 v. 57, § 11.] 

Sec. 6948. Whoever sells, or gives away, any spiritu¬ 
ous, vinous, or malt liquors, on any election day, or, being 
the keeper of a place where any such liquors are habitually 
sold and drank, fails on any election day to keep the same 
closed, shall be fined not more than one hundred dollars, 
and imprisoned not more than ten days. [61 v. 24.] 



OHIO ELECTION LAWS. 


Sec. 7039. Whoever gives any money, property, fee 
or reward of any kind or nature, directly or indirectly, for 
the vote, or for the influence of any person in favor of or 
against any candidate for nomination at any election held 
under the provisions of law relating to primary elections, or 
at any primary election held by any political party, whether 
the same be held in pursuance of the laws relating to pri¬ 
mary elections within this state, or otherwise, shall be fined 
not less than one hundred dollars, and be imprisoned in the 
penitentiary not more than two years. [86 v. 363.] 

Sec. 7040. Whoever, by threats, or otherwise, at¬ 
tempts to intimidate any elector, or any supervisor or judge 
of any election held under the acts mentioned in the last 
section, or in any manner interferes with or disturbs any 
such election, shall be fined not more than one hundred 
dollars, and imprisoned not more than thirty nor less than 
twenty days. [68 v. 29, § 6.] 

Sec. 7041. Whoever gives directly or indirectly any 
reward, fee, money or property to influence the vote of any 
delegate or any elector in favor of or against any candidate, 
or for any labor or service rendered to any candidate for 
nomination or election, or to be rendered to any candidate 
for nomination or election to any office whatever, or for any 
expense incurred, shall be fined not more than five hun¬ 
dred dollars, and be imprisoned in the penitentiary not more 
than five years. [86 v. 363.] 

Sec. 7042. A candidate for nomination to any office, 
before any convention held under the acts named in section 
seven thousand and thirty-nine, who pays, or promises to 
pay, directly or indirectly, any money or property, to any 
delegate, for the purpose of obtaining his influence or vote 
for such nomination in such convention, shall be fined not 
more than five hundred nor less than one hundred dollars, 
and, if nominated and elected to such office, shall be in¬ 
eligible to hold the same, and shall be disqualified from vot¬ 
ing or being nominated at any such election or convention. 
[71 v. 114, § 9.] 

Sec. 7043. A supervisor or judge of any such election 
who wilfully omits any duty imposed upon him by the pro¬ 
visions of chapter one, title fourteen, part first, and a person 
who votes at any such election, not being a citizen of the 
United States, or when he can not become a qualified voter 
at such precinct at the next public election, or casts a bal¬ 
lot after objection has been made and sustained to his vote, 
or votes more than once at any such election, at the same or 
a different precinct or poll, shall be fined not more than two 
hundred nor less than fifty dollars, or imprisoned in the 
county jail not more than sixty nor less than ten days, or 
both. [68 v. 29, §§ 4, 5.] 

Sec. 7045. The subsequent sections of this chapter 
apply to all public elections authorized by the laws of this 
state. [51 v. 421, § 1.] 




Offering bribes 
for votes at pri¬ 
mary elections; 
penalty. 


Attempting to 
intimidate elect¬ 
ors or judges at 
such election. 


Bribery of dele¬ 
gates or 
electors. 


Candidate at 
such election 
paying or prom¬ 
ising bribes. 


Penalties for 
omissions of 
duty and fraud¬ 
ulent voting. 


To what elec¬ 
tions subse¬ 
quent sections 
applicable. 


76 


OHIO ELECTION LAWS. 


Voting, not 
being a resident 
of the precinct 
twenty days. 


Voting, not 
being a resident 
of the county 
thirty days. 


Voting, not 
being a resident 
of this state. 


Voting more 
than once at the 
same election. 


Voting without 
a residence of 
one year; not 
being twenty- 
one years of 
age; not a citi¬ 
zen; convicted 
of crime and not 
pardoned. 


Procuring 
illegal vote. 


Procuring an 
elector to go or 
come into a 
county of which 
he is not a resi¬ 
dent to vote. 


Deceiving an 
elector who can 
not read. 


Sec. 7047. Whoever votes in any election precinct in 
which he has not actually resided for twenty days next pre¬ 
ceding the election, or into which he shall have come for 
temporary purposes merely, shall be fined not more than 
five hundred dollars, or imprisoned not more than six nor 
less than three months. [73 v. 155, § 4.] 

Sec. 7048. Whoever, being a resident of this state, 
votes in any county in which he has not been an actual resi¬ 
dent for thirty days next preceding the election, shall be 
imprisoned in the penitentiary not more than three years 
nor less than one year. [65 v. 100, § 5.] 

Sec. 7049. Whoever, being a resident of another state, 
votes at any election in this state, shall be imprisoned in the 
penitentiarv not more than five vears nor less than one year. 
[39 v. 13, § 7.] 

Sec. 7050. Whoever votes more than once at the 
same election shall be imprisoned in the penitentiary not 
more than five vears nor less than one year. [39 v. 13, 
§ 6 .] 

Sec. 7051. Whoever votes at any election, not having 
been a resident of this state for one year immediately pre¬ 
ceding the election, or not being twenty-one years of age, 
knowing that he is not of full age, or not being a citizen of 
the United States, knowing *that he is not such citizen, or 
being disqualified by a conviction of crime, and not par¬ 
doned and restored to all the rights of a citizen, shall be im¬ 
prisoned not more than six months nor less than one 
month. [39 v. 13, § 8.] 

Sec. 7052. Whoever counsels or advises another to 
give his vote, knowing that he has not been a resident of 
this state for one year immediately preceding the election, 
or at the time of the election he is not twenty-one years 
of age, or that he is not a citizen of the United States, or 
that by reason of other disability, he is not duly qualified to 
vote at the place where, or the time when, the vote is to be 
given, shall be fined not more than five hundred nor less 
than one hundred dollars, and imprisoned not more than six 
months nor less than one month. [39 v. 13, § 9.] 

Sec, 7053. Whoever procures, aids, assists, counsels, 
or advises another to go or come into any county for the 
purpose of giving his vote in such county, knowing that the 
person is not duly qualified to vote in such county, shall be 
imprisoned in the penitentiary not more than five years nor 
less than one year. [39 v. 13, § 10.] 

Sec. 7054. Whoever furnishes an elector who cannot 
read with a ticket, informing him that it contains a name 
different from those which are written or printed thereon, 
with intent to induce him to vote contrary to his inclination, 
or fraudulently or deceitfully changes the ballot of any elec¬ 
tor, by which such elector is prevented from voting for such 
candidate as he intended, shall be imprisoned in the peni¬ 
tentiary not more than three years nor less than one year. 
[39 v. 13, § 12.] 



OHIO ELECTION LAWS. 


77 


Sec. 7055. Whoever, either before or after the procla¬ 
mation is made of the opening - of the polls, fraudulently 
puts a ballot or ticket into the ballot-box, shall be impris¬ 
oned-in the penitentiary not more than three years nor less 
than one year. [G7 v. 52, § 21.] 

Sec. *056. A judge of any election who, after the 
counting of votes commences as required by law, postpones 
the counting of votes cast at such election, or adjourns for 
any time or to any place, or removes the ballot-box from the 
place of voting, or from the custody or presence of all the 
judges of such election, shall be fined not more than one 
thousand nor less than one hundred dollars, and impris¬ 
oned not more than ten days. [69 v. 58, §§ 1, 2.] 

Sec. 7057. A judge of any election who knowingly 
permits any ballot or ticket, fraudulently placed in the bal¬ 
lot-box, if the same can be designated, to be counted with 
the legal votes cast at such election, shall be imprisoned in 
the penitentiary not more than three years nor less than 
one year. [67 v. 52, § 21.] 

Sec. 7058. A judge of an election who knowingly re¬ 
ceives, or sanctions the reception of a vote from any person 
not having all the qualifications of an elector prescribed by 
law or receives or sanctions the reception of a ballot from 
any person who refuses to answer any question put to him in 
accordance with the requirements of the laws of this state 
relating to elections, or refuses to take the oath prescribed 
'by the laws aforesaid, or refuses, or sanctions the refusal 
of any other judge of the election board to which the judge 
belongs, to administer any oath required by the laws afore¬ 
said to be administered, or refuses to receive, or sanctions 
the rejection of, a ballot from any person, knowing him 
to have all the qualifications of an elector prescribed by law, 
or refuse, if requested, to permit the respective candidates 
at such an election, or not exceeding three of the friends of 
each of such candidates, to be present in the room where 
the judges are during the time of receiving and counting 
out the ballots ; and a judge or clerk of an election, on whom 
any duty is enjoined by the laws of the state relating to 
elections, who wilfully neglects any such duty, or is guilty 
of any corrupt conduct in the execution of the same, shall 
be fined not more than one thousand nor less, than three 
hundred dollars, and imprisoned not more than six nor 
less than three months. [73 v. 157; 77 v. 267.] 

Sec 7059. Whoever, at any election, unlawfully, 
either by force, fraud, or other improper means, obtains, or 
attempts to obtain, possession of any ballot-box, or any bal¬ 
lots therein deposited, while the voting at such election is 
going on, or before the ballots are duly taken out of such 
ballot-box and enumerated by the judges of election accord¬ 
ing to law, shall be imprisoned in the penitentiary not more 
than three years nor less than one year. [53 v. 59, §§ 1, 3.] 
Sec. 7060. Whoever shall, from the time any ballots 
are cast or voted until the time has expired for using the 
same as evidence in any contest of election, unlawfully 


Fraudulent 

voting. 


Judges post¬ 
poning count¬ 
ing, adjourning, 
or removing 
ballot-box. 


Judges of elec¬ 
tion knowingly 
counting fraud¬ 
ulent votes. 


Misconduct of 
officers of elec¬ 
tion; how pun¬ 
ished. 


Unlawfully ob¬ 
taining, or at¬ 
tempting to ob¬ 
tain possession 
of ballot-box or 
ballots. 


Penalty for de¬ 
stroying ballot- 
box, ballots, or 
poll-books. 



78 


OHIO ELECTION LAWS. 


Penalty for 
fraudulent writ¬ 
ing on poll- 
books or tally- 
sheets. 


Possession of 
forged or altered 
poll-books or 
tally-sheets 
with fraudulent 
intent. 


Marking bal¬ 
lots, or printing, 
distributing or 
voting ballots 
unlawfully 
written or 
printed. 


Prosecutions. 


How election to 
be averred. 


destroy, or attempt to destroy, any ballot-box or poll-book 
used at any election; or shall, within the same time, unlaw¬ 
fully destroy, falsify, mark, or write on any ballot cast or 
voted; or shall, within the same time, unlawfully change, 
alter, erase or tamper with any name contained on any 
ballot cast or voted, shall be imprisoned in the penitentiary 
not more than five years nor less than one year. [78 v. 30.] 

Sec. 7061. Whoever shall, from the time any ballots 
are cast or voted until the time has expired for using the 
same as evidence in any contest of election, wilfully and with 
fraudulent intent, inscribe, write, or cause to be inscribed 
or written, in or upon any poll-book, tally-sheet, or list, 
lawfully made or kept at any election, in or upon any book 
or paper purporting to be such, or upon any election re¬ 
turns, or upon any book or paper containing the same, the 
name of any person not entitled to vote at such election, or 
not voting thereat, or any fictitious name, or, within the 
same time, shall wrongfully change, alter, erase, or tamper 
with any .name, word or figure contained in such poll-book, 
tally-sheet, list, book or paper; or falsify, mark, or write on 
such poll-book, tally-sheet, list, book, or paper in any man¬ 
ner whatsoever, such act or acts being done with intent to 
defeat, hinder, or prevent a fair expression of the will of 
the people at such election, shall be imprisoned in the pen¬ 
itentiary not more than three years nor less than one year. 
[78 v. 30.] 

Sec. 7062. Whoever has in his possession any falsely 
made, altered, forged, or counterfeited poll-book, tally- 
sheet, or list, or election returns, of any election, knowing 
the same to be falsely made, altered, forged, or counter¬ 
feited, with intent to hinder, defeat, or prevent a fair expres¬ 
sion of the popular will at such election, shall be imprisoned 
in the penitentiary not more than three years nor less than 
one year. [67 v. 51, § 2.] 

Sec. 7063. Whoever, at any election, marks the ballot 
of any elector, or'hands a marked ballot to him to vote, with 
intent to ascertain how he voted, or prints for distribution 
any ballot contrary to the provisions of law, or distributes to 
an elector, or knowingly votes, any ballot printed ol written 
contrary to the provisions of law, shall be fined not more 
than fifty dollars, and imprisoned not more than ten days. 
[65 v. 138, § 3; 71 v. 31, § 2.] 

Sec. 7066. Prosecutions under the sections 7039 to 
7065, inclusive, must be commenced within six months after 
the commission of the act complained of. Penalties for the 
violation of section 7064 shall not apply to the payment of 
an assessment made by a regularly organized committee for 
legitimate election expenses of the party to which the candi¬ 
date belongs. [86 v. 363.] 

INDICTMENT. 

Sec. 7225. When an offense is committed in relation 
to any election, an indictment for such offense shall be 
deemed sufficient if it allege that such election was author- 



OHIO ELECTION LAWS. 


79 


ized by law, without stating the names of the officers hold¬ 
ing the election, or the persons voted for, orJhe offices to 
be filled, at such election. [G6 v. 302, § 98.] 

Sec. 7226. Counts under sections seven thousand and 
forty-four, seven thousand and sixty-four, seven thousand 
and sixty-five, and seven thousand and sixty-six, may be 
joined in the same indictment, against the same defendant, 
for acts committed with reference to the same election; and 
evidence offered on any one count shall 6e competent evi¬ 
dence to prove the intent charged in any other count of the 
indictment. [76 v. 75, § 6.] 


BOARD OF ELECTIONS IN HAMILTON, CUYA¬ 
HOGA, LUCAS AND FRANKLIN COUNTIES. 

(292670-1). Sec. 1. In any county having within its 
territory a city of the first class and first grade of the second 
class, except counties containing cities of the first class fourth 
grade, the election precincts of the county not included 
within the city, shall be held and deemed to be election 
precincts of the city for the purpose of conducting and 
supervising elections therein, and the boards of elections 
heretofore established in such cities shall have directions 
of elections in such precincts and throughout such county; 
and all the provisions, duties, penalties and requirements 
contained in section two thousand nine hundred and twenty- 
six of the Revised Statutes, and supplemental sections as 
heretofore amended shall apply and be in full force as to 
all elections held in such counties as well as such cities, 
except as herein specified; and the members, secretary, 
deputy secretary, clerks and assistants of such board, shall 
be electors of the county and not of the city merely. [93 
v. 361.] 

(2926t£/-2). Sec. 2. The following provisions included 
in this section, shall apply only to elections in precincts not 
included in such cities: Registration of electors, as provided 
in the above mentioned sections, shall not be required. The 
board of elections may, in its discretion, authorize the judges 
of elections to omit the meeting for organization, provided in 
section 2926;i, but in all such cases the judges shall organize 
as therein required, on the morning of the election, before 
opening the polls. The boards of elections may, when 
expedient, permit the oath required by section 2926? to 
be administered by an officer authorized to administer oaths 
without the appointee appearing at the office of the board, 
and any such officer is required to administer such oath 
without compensation; but in all such cases the oath, duly 
certified, must be filed in the office of the board before the 
certificate of appointment is issued. The board may dis¬ 
pense with the notice of appointment required in section 
2926c; when vacancies occurring on the day of election 
have been filled, as required in said section, and when said 


Counts for brib¬ 
ery, etc., at elec¬ 
tions may be 
joined. 


Conduct of elec¬ 
tions in coun¬ 
ties containing 
cities of the first 
class and first 
grade of the sec¬ 
ond class. 


Provisions ap¬ 
plicable to elec¬ 
tions in pre¬ 
cincts outside 
such cities. 



80 


OHIO ELECTION LAWS. 


Delivery of poll- 
books. 


Canvass of votes 
and returns 
thereof. 


notice has been so dispensed with, the appointee shall serve 
upon such appointment as if he had been appointed by the 
board. The board may authorize judges of election to 
forward, by mail, the certified summary statement of votes 
required in section 292 tip ; provided, the said judges shall 
have announced the vote to the board by telegraph or tele¬ 
phone, as required in said section and in section 2920g. 
The board of elections shall provide for the safe-keeping 
and delivery o£ the ballot-boxes as may seem expedient. 
[93 v. 362.] 

(2926w-3). Sec. 3 At every election, in any county as 
aforesaid, for state or county officers, or for representatives 
in congress, or for presidential electors, the poll-book of each 
precinct, addressed to “the county board of canvassers/’ as 
required by section 2926r, shall be delivered at the office 
of the board of elections. The other poll-book shall be 
addressed to the “clerk of the court of common pleas,” 
and delivered to him, and he shall preserve it for one year, 
for inspection as a public record, and shall, upon demand 
of the board of canvassers, produce any such poll-book 
for their inspection and use. The time and manner of deliv¬ 
ery of poll-books shall be as provided in section 2926r, 
except that the poll-books from election precincts not in¬ 
cluded within the city, shall be delivered within twenty-four 
hours after closing the polls. The president or secretary 
of the board of elections may order the summary arrest 
of any judge of elections in such county, who fails to make 
returns of any election ; and it shall be the duty of the sheriff 
of the county, or of any policeman or constable, to whom 
such order may be directed, to bring such delinquent judge, 
together with the poll-book, and other books pertaining 
to the election or registration, before said board. [93 v. 
362.] 

(2926tx/-4) . Sec. 4. The members of the board of elec¬ 
tions shall constitute the county canvassing board; and all du¬ 
ties as to canvassing the votes and making returns of the 
same, now by law assigned-to the clerk of the court of com¬ 
mon pleas, shall be performed by such board. Within four 
days after the election in November, and after any special 
election for county or state officers, or for representative in 
congress, the members shall meet at the office of the board of 
elections, and organize by choosing one of their number to 
be president, and appointing a secretary and necessary as¬ 
sistants. They shall proceed to canvass the vote of the 
county, and make return of the same as required by section 
2926.?, and by law. In case of doubt or disagreement, so 
that the board cannot proceed with the canvass, a statement 
in writing in [of] the matter in doubt or controvery, shall 
be made and forthwith submitted to one of the judges of the 
circuit, for the circuit in which the county is situated; and 
if the board cannot otherwise agree the judges shall be se¬ 
lected by lot. Such judge shall summarily decide upon 
the matters submitted to him, and his decision shall be 
final. [93 v. 363.] 



OHIO ELECTION LAWS. 


81 


(2926w-5). Sec. 5. Judges and clerks of election, ap¬ 
pointed as herein provided, shall be allowed compensation as 
fixed in section 2926L Salaries of the members and secretary, 
as fixed in said section, shall be paid out of the city treasury; 
and in addition there shall be allowed to each member of 
the board, in counties containing cities of the first class, 
except counties containing cities of the first class, fourth 
grade, the sum of five hundred dollars per annum, and to 
the secretary the sum of six hundred dollars per annum, and 
in counties containing cities of the first grade of the second class, 
to each member of the board and to the secretary, tht sum of four 
hundred dollars per annum, all payable quarterly out of the treas¬ 
ury of the county. The expense of the purchase and repair of bal¬ 
lot-boxes, shall be paid out of the county treasury. All other ex¬ 
penses of every description incurred between the first day of July 
and the thirty-first day of December in each year, shall be paid out 
of the county treasury; and all expenses incurred between the first 
day of January and thirtieth day of June in each year, shall be 
paid as heretofore provided by law. All payments shall be made 
upon vouchers of the board, made and certified as required by sec¬ 
tion 2926rf. [93 v. 363]. 

(2926?c-6). Sec. 6 . In all counties other than counties 
containing cities of the first cl&ss and first grade of the second 
class, in or for which there is or may be established deputy 
state supervisors of elections, said deputy state supervisors 
shall, in their respective counties, in the conduct of elections, 
have all the power and perform all the duties conferred and 
imposed by this act, and the sections of the Revised Statutes 
amended and reenacted therein, on the clerks of the court, and be 
subject to the same provisions, penalties and requirements. Judges 
and clerks appointed for the several precincts of a county by such 
board of elections or deputy supervisors or other officer or officers, 
shall serve as such in the conduct of all elections under this act in 
preference to the judges and clerks provided for herein, and shall 
perform all the duties and exercise all the powers grid be subject 
to all the penalties imposed, conferred or prescribed in the sections 
of the Revised Statutes amended and reenacted by this act upon 
judges and clerks of election. [93 v. 363.] 


Compensation 
of judges and 
clerks; salaries 
of members and 
secretary of 
board; expense 
of ballot-boxes. 


Other expenses; 
how payments 
to be made. 


Other counties 
than above 
supervisors to 
act; judges and 
clerks. 


AN ACT 

To enlarge the powers of the deputy state supervisors of elections 
in certain cities. 

Sec. 1 . That in any county which may now or here¬ 
after contain a city of the second grade of the second class, 
the deputy state supervisors of elections in and for such 
county, shall be, and are hereby empowered and authorized 
to provide a proper polling place or house in and for each voting 
precinct in sych county outside of such city, and to designate the 
locations thereof, in which elections shall be held and voting at elec¬ 
tions shall be done, provided that township houses shall be voting 
places in the precincts where they may be situated. [90 v., local 
laws, 371.] 

Sec. 2. That in order to provide such polling places or 
houses, such deputy state supervisors of elections may 
rent proper houses, rooms or other places, or may procure 
and purchase portable houses and provide for the care, re¬ 
pair, setting up and removal thereof, and such portable 
houses may be set up for elections on any public, county 

or township road, highway or street. When such deputy 
supervisors determine to purchase portable houses they 

shall obtain same for the lowest nrice possible, regard being 

had to the suitableness and ’ i ;i ity of the various kinds 

5 E. L. 



82 


OHIO ELECTION LAWS. 


Garfield cor¬ 
rupt practice 
law repealed. 


Number of votes 
necessary to 
authorize per¬ 
formance of act 
when statute 
providing for 
Submission of 
question is 
-silent. 


Submission of 
question when 
special election 
not provided 
for. 


manufactured or obtainable, and such deputy supervisors 
shall provide means for the heating and lighting of, and 
proper furniture for, all such polling places or houses. 
[90 v., local laws, 371.] 

Sec. 3. Such deputy state supervisors of elections shall 
contract in the name of such county for the providing of 
such polling places, or purchase of such portable houses, 
and for the means of heating and lighting, furnishing, 
keeping, repairing, setting up and removing same. Such 
deputy supervisors shall certify to the county commissioners 
of such county all bills, accounts and liabilities named in, 
for and by all such contracts made as and for the purposes 
aforesaid, and in the performance of all such contracts, 
and same shall be paid out of the county treasury as other 
county expenses, and such county commissioners shall 
make the necessary levy to meet the same. [90 v., local 
laws, 371.] _ 


REPEAL OF CORRUPT PRACTICES ACT. 

AN ACT 

To repeal sections 1, 2\ 3. 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 
10, 17, 18. 19, 20, 21, 22, 23, 24 of an act passed April 8, 
1896, 92 Ohio Laws, pages 123 and 132, inclusive.” 

Be it enacted by the General Assembly of the State of Ohio: 

Sec. 1 . That sections 1 , 2, 3, 4, 5, 0, 7, 8, 9, 10 11, 12, 
13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 of an act passed 
April 8, 1896, 92 Ohio Laws pages 123 and 132 inclusive, 
be and the same are hereby repealed. 

Sec. 2. This act shall take effect and be in force from 
and after its passage. [95 v. 77.] 

Passed March 31, 1902. 

CONSTITUTIONAL AMENDMENTS — OTHER 
QUESTIONS. 

AN ACT 

To regulate voting in cases where statute provides for a vote being 
taken on any question, but is silent as to number of votes nec¬ 
essary to authorize the act voted upon. 

Sec. 1 . That in any and all cases where it is provided 
by statute that any question shall be submitted to the quali¬ 
fied voters of any township, village, county or city in the 
state of Ohio, and the statute so providing is silent as to the 
number of votes necessary to authorize the performing of 
the act voted upon, such statute shall be held to mean that a 
majo'rity of all the qualified voters voting at said election 
must vote in favor thereof in order to authorize the same. 
[90 v. 130.] 

Sec. 2. Uuless the act so providing for the submitting 
of any question to the qualified voters of any township, 
county, village or city also provides for the calling of a 
special election for that purpose, no special election shall be 
so called, and the question so to be voted upon shall be sub- 



OHIO ELECTION LAWS. 


sa 


mitted at a regular election in such township, county, vil¬ 
lage or city, and notice that such questions is to be voted 
upon shall be embodied in the proclamation for such elec¬ 
tion. [90 v. 130.] 


AN ACT 

Relating to certain proposed amendments to the constitution of Ohio, 
and the publication thereof. 

Be it enacted by the General Assembly of the State of Ohio: 

Sec. 1. That at the general election to be held on the 
first Tuesday after the first Monday of November, 1903, the 
judges and clerks of election in each township, ward and 
precinct shall, in addition to the returns provided by law, 
at the same time make return of the vote cast for and against 
any proposed amendments that may be submitted to the 
voters of the state for adoption or rejection at such election. 

Sec. 2. A return, additional to the return now re¬ 
quired by law to be made of the votes cast at such election 
for state officers and senators and representatives, and also 
For and against said proposed amendment or amendments 
to the constitution, shall be certified and made by the deputy 
supervisors of elections of each county to the state super¬ 
visor of elections, within ten days after said election; and 
within twenty days after said election the governor, secre¬ 
tary of state and attorney, general shall open said returns, 
and count the votes, and ascertain whether or not a majority 
of the votes cast at said election have been cast for said pro¬ 
posed amendment or amendments, or either of them; and 
if it appears that a majority of the votes cast at said election 
have been cast for said proposed amendment or amend¬ 
ments, or either of them, the governor shall make proclama¬ 
tion thereof without delay. 

Sec. 3. The state supervisor of public printing shall 
cause the amendments to the constitution proposed at the 
present session of the general assembly to be published once 
each week in not less than one newspaper of general circula¬ 
tion in each county of the state wherein a newspaper is pub¬ 
lished, once each week for six months, and until the first 
Tuesday after the first Monday of November, 1903, and in 
counties where newspapers of general circulation represent 
each of the two leading political parties, then such amend¬ 
ments shall be published in one newspaper of each political 
party once each week for six months, and until said first 
Tuesday after the first Monday of November, 1903; and 
in counties having a German newspaper of general circula¬ 
tion, once a week in a German newspaper for said time; 
and in counties having two German newspapers of oppo¬ 
site politics, of general circulation in the county, it shall be 
published in each of such German newspaoers. 

Sec. 4 . The charges for publication shall not exceed 
sixty per cent, of the rates established in section four 
thousand three hundred and sixty-six (4300) of the Re- 


Return of 
vote cast for 
or against 
constitutional 
amendment. 


Return by 
deputy state 
supervisors of 
election to 
state super¬ 
visor of elec¬ 
tions. 


Canvass of 
votes. 


Publication 
of proposed 
amendments 
to constitu¬ 
tion. 


German 

newspaper. 


Charges for 
publication. 



84 


OHIO ELECTION HAWS. 


Constitutional 
amendment; 
state conven¬ 
tion of politi¬ 
cal party may 
take action in 
favor or 
against adop¬ 
tion of. 

Certification 
of action to 
secretary of 
state, and 
printing upon 


Manner of 
printing on 
ballot. 


How ballot to 
be marked. 


vised Statutes for legal advertising. The cost of publication 
shall be paid out of the state treasury from any money not 
otherwise appropriated, upon the warrant of the auditor of 
state, upon vouchers approved by the supervisor of public 
printing, who shall make legal measurement of the matter 
published. [95 v. 291.] 

AN ACT 

To provide for the manner of submission of constitutional amend¬ 
ments and other questions to a vote of the people. 

Be it enacted by the General Assembly of the State of Ohio : 

Section i. That whenever the approval of any con¬ 
stitutional amendment is to be submitted to a vote of the 
people, any state convention of a political party, which at 
the last preceding general election polled at least one per 
cent, of the entire vote cast in the state, may take action in 
favor of it, or against the adoption of such constitutional 
amendment to be submitted at the next succeeding annual 
election, and shall certify such action to the secretary of state 
in the manner provided for certifying nominations for state 
officers, whereupon said action upon such constitutional 
amendment shall be printed upon the regular ballot at said 
election as a part of the party ticket of said party in the man¬ 
ner hereinafter provided. 

Section 2. Such constitutional amendment or amend¬ 
ments shall be stated in words sufficient to clearly designate 
the same, and such statement or statements shall be printed 
in a separate column on the regular ballot. On the line 
below such statement shall be printed the word “Yes/’ and 
on the next line below shall be printed the word “ No ” pro¬ 
vided that said statement shall also be placed on the official 
ballot immediately below the names of the candidates for 
state officers on the regular ticket of any party or parties cer¬ 
tifying action thereon as provided in section i of this act, 
being followed by the word “yes” or the word “no” ac¬ 
cordingly as affirmative or negative action shall have been 
certified thereon by said party or parties, and said statement 
of said amendment or question, with the action.taken thereon 
by said party, shall thereupon become a part of said party 
ticket. 

Section 3 . The elector shall observe the following 
rules in [marking] making his ballot: 

1 . He may make a cross in the blank space to the 
left of and before the answer he desires to give to the sub¬ 
mission of any constitutional amendment, in the separate 
column devoted to said amendment, or he may make a cross 
mark in the blank space to the left of and before the state¬ 
ment, and answer thereto, of any constitutional amendment, 
as the same may be printed and certified on the ticket of 
any political party; whereupon, such mark shall cast his 
ballot for the answer opposite which it is made. 

2 . The voter may make a cross mark in the blank cir¬ 
cular space at the head of any ticket upon which is printed 


SUPERVISORY ELECTION LAWS. 


85 


the statement of any constitutional amendment or question, 
and the certified answer thereto, which mark shall cast his 
ballot for the certified answer to the submission of each and 
every constitutional amendment so printed on said ticket, 
unless he shall have specifically answered any of said con¬ 
stitutional amendments otherwise elsewhere on the ballot in 
the manner heretofore stated. 

Section 4 . Save as otherwise provided herein, all of 
the provisions of title 15 , chapter 2 , of the Revised Statutes 
of Ohio, and all acts amendatory and supplementary thereto, 
shall apply to the election herein provided for, and all Jhe 
provisions of said law, or laws, relating to the marking and 
counting of ballots for candidates, not inconsistent herewith, 
shall apply to the marking and counting of votes upon any 
constitutional amendment in any election held under the pro¬ 
visions of this act. [95 v. 352.] 

CONDUCT OF GENERAL ELECTIONS. 

Sec. 2922. Except in cases where it is otherwise pro¬ 
vided, all public elections shall be held and conducted ac¬ 
cording to th^ provisions of this chapter. [Ch. 2, Title 
XIV.] _ 


SUPERVISORY ELECTION LAWS. 


(2966-1). Sec. 1 . That there is hereby created the 
offices of state supervisor of elections and of deputy state 
supervisors of elections, with the powers and duties herein¬ 
after prescribed, for the conduct and supervision of all elec¬ 
tions in this state, except for school directors and road super¬ 
visors. [89 v. 455.] 

(2966-2). Sec. 2. By virtue of his office the secretary 
of state shall be the state supervisor of elections, and in ad¬ 
dition to the duties now imposed on him by law, shall per¬ 
form the duties of such office as defined herein. [89 v. 455.] 

(2966-3). Sec. 3. On or before the first Monday in 
August, 1892, such state supervisoFshall appoint four deputy 
state supervisors for each county in this state, who shall be 
qualified electors of the county for which appointed. For the 
first appointment, two members shall be appointed for a 
term of one year, and two for a term of two years from the 
first Monday in August, 1892. One member so appointed 
for one year and one for two years, shall be from the polit¬ 
ical party which cast the highest number of votes at the 
last preceding November election for governor or secretary 
of state. The other two members shall be appointed from 
the political party which cast the next highest number of 
votes for such officer at said November election. There¬ 
after appointments shall be made annually for two deputy 
state supervisors for each county for the term of two years, 
which appointments shall be from two political parties 


Application of 
other laws. 


To what elec¬ 
tions the pro¬ 
visions of this 
chapter apply. 


State supervisor 
and deputy state 
supervisors of 
elections. 


State supervisor 
of elections. 


Appointments, 
qualifications 
and term of 
deputy state 
supervisors. 




86 


SUPERVISORY ELECTION LAWS. 


Vacancies. 


Recommenda¬ 
tion by party 
executive com¬ 
mittees. 


Removals. 


Powers and 
duties of boards 
of elections in 
counties con- ' 
taining cities of 
the first class, 
and first grade 
of the second 
class. 


Powers and 
duties of boards 
of elections in 
counties con¬ 
taining cities of 
the second class 
other than cities 
of the first grade 
of the second 
class. 


Selection and 
term of chief 
deputy and 
clerk. 


which cast the highest and next highest number of votes at 
the last preceding November election for governor or sec¬ 
retary of state. All vacancies shall be filled and all appoint¬ 
ments to new terms made from the political party to which 
the vacating or out-going member belongs, unless there be 
a third political party which cast a greater number of votes 
in this state than did the party to which the retiring member 
belonged, at the next preceding November election, in 
which event the vacancy shall be filled from such third 
party. Provided, that if the executive committees of the 
two political parties in the county casting the highest and 
next highest number of votes in this state at the last preced¬ 
ing November election, recommend qualified persons to the 
state supervisor at least ten days before the appointment is 
made, then the state supervisor shall appoint the persons so 
recommended to the number to which such party is entitled ; 
but if no such recommendation is made, the state supervisor 
shall make the appointments agreeably to the provisions 
herein contained. Any deputy state supervisor may be 
removed by the state supervisor for misfeasance or malfeas¬ 
ance in office, or other good and sufficient cause; and if, in 
filling vacancies caused by removals, no person or persons 
belonging to the political party as the person or persons re¬ 
moved, can be induced to accept such appointment, then 
the vacancies can be filled by appointments from any other 
poliical party. Provided further, that in counties contain¬ 
ing cities of the first class and first grade of the second class, 
the board of elections heretofore provided for such cities, by 
section 2926, and all sections supplementary thereto, of the 
Revised Statutes, shall have all the powers and perform all 
the duties for such counties imposed, and conferred by this 
act on the deputy state supervisors. .And deputy state su¬ 
pervisors in all counties containing cities of the first grade 
of the second class are hereby abolished. In counties con¬ 
taining cities of the second class, other than cities of the 
first grade of the second class, the board of elections here¬ 
tofore provided for said cities, shall have power and be sub¬ 
ject to the duties prescribed in section 2926 of the Revised 
Statutes, and supplemental sections as heretofore amended, 
except that all the returns of the November election shall, 
in such counties be made to the deputy state supervisors, 
as hereinafter provided; and in addition thereto, each board 
shall, in the conduct of municipal elections, have all the 
powers and duties and be subject to all the provisions, pen¬ 
alties and requirements of the deputy state supervisors pre¬ 
scribed in this act. [93 v. 364.] 

(2966-4). Sec. 4 In all counties except counties con¬ 
taining cities of the first class and first grade of the second 
class, the deputy state supervisors for such counties £hall, at 
least thirty days previous to the November election in each 
year, meet in the office of the county commissioners and or¬ 
ganize by selecting one of their number as chief deputy, who 
shall preside at all the meetings, and a resident elector of such 
county, other than a member of the board, as clerk, both 
of which officers shall continue in office for one Year. The 
balloting for such officers shall commence at or before 1 



SUPERVISORY ELECTION LAWS. 


o’clock p. m., on the day of convening, and at least one 
ballot shall be taken every twenty minutes until such organ¬ 
ization is effected. The clerk shall be first selected by the 
votes of at least three members, and if, after five ballots 
no person shall be agreed upon as clerk, the clerk shall 
be selected by lot, from two persons of opposite politics, 
to be nominated by the deputy supervisors, the two deputy 
superviors of the same politics to name one candidate for 
clerk, and the two-deputies of opposite politics to name 
the other. Aft^r the selection of the clerk the chief deputy 
shall be selected from deputies of opposite politics to that 
of the clerk, and if upon the first ballot no person shall be 
agreed upon as chief deputy, the deputy of opposite pol¬ 
itics to the clerk having the shortest term to serve, shall 
be, and act as the chief deputy, presiding at all meetings. Report of 
When such organization is perfected, the clerk shall forth- gr s anization - 
with report the same to the state supervisor. The clerk Salary of clerk, 
shall be paid a salary, in quarterly installments, not to 
exceed one hundred dollars per year, which compensation 
shall be fixed by the deputy supervisors for the respective 
counties. He shall have power to administer oaths to such Smiiifeter"” to 
persons as are required by law to file certificates or other oaths, 
papers with the board, and to chief judges of election, or 
any witnesses who may be called to testify before the board. 

At such meeting for organization, the deputy supervisors Sessions of dep- 

may remain in session not more than two days for the publication of 

purpose of organization and receiving instructions from the ^'printing!* 15 

•state supervisor as to their duties, and may at such time 

provide for the publication of a notice for bids for printing 

ballots, cards of instruction and other necessary blanks 

and papers required by law in the conduct of elections 

therein. Such deputy supervisors shall meet on the twelfth 

day before each election, and shall remain in session for 

such length of time as may be necessary, and shall adjourn 

to such day as their duties prescribed by law may require. 

*For attending all meetings the deputy supervisors shall Compensation 
receive as compensation the sum of two dollars per day, . uty super ' 
not to exceed thirty days in any one year, and mileage at 
the rate of five cents a mile going to and returning from 
the county seat, if the distance, be more than one mile. 

The compensation above provided for, and all proper nec- Payment of 
essary expenses in the performance of the duties of such and expenses. 5 
deputy supervisors shall be defrayed out of the county 
treasury as other county expenses, and the county com¬ 
missioners shall make the necessarv levy to meet the same. 

[93 v. 365.] 

(2966-5). Sec. 5. The secretary of state is hereby collation, pnbii- 
authorized and required to collate and publish all die election ££bution ' of dls 
laws in force applicable to the conduct of elections. There election laws, 
shall be twelve thousand copies of such election laws printed, 
to be bound in paper, which shall be distributed in proportion 
to the number of voting precincts in each county, such dis- 

* For act prescribing compensation of deputy supervisors and clerk in But¬ 
ler county, see 92 v. 732. For act prescribing compensation of deputy supervisors 
and clerk in Montgomery county, see 93 v. 353. For salaries of deputy supervis¬ 
ors and clerks in Cuyahoga, Franklin and Lucas counties, see 94 v. 304* For com¬ 
pensation of judges and clerks in Cuyahoga county, see 94 v. 305. For salaries 
of deputy supervisors and compensation of judges and clerks in Hamilton 
county, see 95 v. 328. 




88 


SUPERVISORY ELECTION LAWS. 


Appointment of 
judges and 
clerks. 


Presiding judge. 

Terms. 

Apportionment. 

Vacancy. 

Compensation. 


Removals. 


Oath of election 
offieers. 


Judges and 
clerks in munic¬ 
ipal and board 
of education 
elections in cer¬ 
tain villages. 


Oath of deputy 
supervisors. 


tribution to be made in each county by the deputy supervisors 
therefor. [90 v. 265.] 

(2966-6). Sec. 6 . At least ten days before any annual 
or general election, the deputy supervisors of each county 
shall, when vacancies exist, appoint, in all precincts in which 
the voters are not registered, four judges and two clerks 
of election, residents of the precinct, who shall constitute 
the election officers of such precinct; the deputy super¬ 
visors shall designate one judge in each precinct, who shall 
be selected from the dominant party in such precinct, as 
determined by the next preceding November election, to 
act as prsiding judge. The terms of the juges and clerks 
shall cease and terminate at the end of one year from 
the date of their appointment, at which time, and annually 
thereafter, their successors shall be appointed to similar 
term of office, agreeably to the provisions of this act. Not 
more than two judges and not more than one clerk shall 
belong to the same political party. If a judge or clerk in 
any precinct shall fail to appear on the morning of election, 
the electors present shall, viva voce, choose a suitable per¬ 
son, having the qualifications of an elector, to fill the 
vacancy from the political party to which the absent judge 
or clerk belonged. The judges and clerks shall each re¬ 
ceive as compensation the sum of three ($3) dollars for their 
services, which services shall be the receiving, recording, 
canvassing, and making an abstract of all the votes that 
may be delivered to them in the voting precinct in which 
they preside on each election day; provided, however, that 
in cities where registration is required, the compensation 
of judges and clerks of elections, shall remain as now fixed 
by law. The judges and clerks of election, appointed as 
provided in this section, may be summarily removed from 
office by the board of deputy state supervisors at any time 
for neglect of duty, malfeasance or misconduct therein, and 
in all cases the last appointment to either of such offices 
for any precinct shall be recognized as valid. When any 
such officers have been removed and new appointments 
made, it shall be the duty of the board of deputy state 
supervisors to immediately send notice to the board of 
precinct officers. The presiding judge may be sworn by 
the clerk of the board or any member thereof, and may 
himself administer the oath to the other election officers of 
his ward, township, or precinct. [93 v. 152.] 

(6-1) Sec. 1 . That in incorporated villages having less 
than five hundred (500) voters, situated in two or more 
counties, all municipal elections and elections for members 
of board of education shall be held under one set of judges 
and clerks; such judges and clerks to be appointed by the 
regular board of elections in the county having the majoritv 
population of said corporation, and that said judges and 
clerks shall be residents of said corporation upon either 
side of county line so dividing said corporation. [92 v. 72.] 
(2966-7). Sec. 7. Each deputy supervisor of elections 
shall, before entering upon his duties,appear before some per¬ 
son authorized to administer oaths, and take and subscribe to 


SUPERVISORY ELECTION LAWS. 


the following oath, which shall be filed with the clerk of the 
court of common pleas in the countv where such deputy 
resides: 


State of Ohio, 


county , ss.: 


I do solmenly swear (or affirm) that I will support the 
constitution of the United States and of the state of Ohio, 
and perform the duties of deputy state supervisor of elec¬ 
tions to the best of my ability. Signed,_ 

Sworn to and subscribed before me this - day of 

-, in the year-. _ 


[Title of officer.'] 

The clerk of the deputy supervisors for each county 
shall, before entering upon his duties, take and subscribe the 
following oath, which shall be filed with the clerk of the 
court of common pleas of the county where he resides: 
State of Ohio, - county, ss.: 

I do solemnly swear (or affirm) that. I will support the 
constitution of the United States and of the state of Ohio, 
and discharge the duties of clerk of the deputy state super¬ 
visors for - county to the best of my ability, and 

preserve and keep all records, documents and other prop¬ 
erty pertaining to the conduct of elections placed in my 
custody. Signed,--. 

Sworn to and subscribed before me this - day of 

-, in the year -. _ 

[Title of officer.] 

The clerks and judges of election shall take and sub¬ 
scribe to the following oath, which, upon request of the per¬ 
son appointed, shall be administered without compensation 
by any person authorized to administer oaths, and which 
shall be filed with the clerk of the deputy state supervisors: 
State of Ohio, - county, ss.: 

I do solemnly swear that I will support the constitution 
of the United States and of the state of Ohio, and to the best 

of my ability discharge the duties of judge-,-clerk 

-of the election in and for precinct-,-township, 

- county, at the next ensuing election, and I further 

solemnly swear that if, in the discharge of my official duties, 
I gain knowledge as to how any elector voted at said elec¬ 
tion, I will not disclose the same. 

Signed, -. 

Sworn to and subscribed before me this - day of 

-, in the year -. -:- 

[91 v. 119.] [Title of officer.] 

(2960-8). Sec. 8. The judges and clerks provided for 
herein shall serve as such in all elections held under the pro¬ 
visions of this act. They shall perform all the duties and be 
subject to all the penalties imposed upon judges and clerks of 
election by law and the act entitled “An act to provide a mode 
for conducting elections,” etc., passed April 30, 1891, and 
acts amendatory and supplementary thereto. 

The state supervisor of elections and the deputy super¬ 
visors of each county, as herein provided, shall perform all 
the duties imposed by law and the act entitled “An act to 


Oath of clerk of 
deputy super¬ 
visors. 


Oath of clerks 
and judges. 


Duties of judges 
and clerks; pen¬ 
alties to which 
subject. 


Duties of state 
supervisor and 
deputy super¬ 
visors. 

























90 


SUPERVISORY ELECTION LAWS. 


Certificates of 
nominations, 
nomination 
papers, and 
vacancies. 


Questions to be 
decided by chief 
deputies and 
clerks. 


Submission of 
question to 
state supervisor, 
and decision 
thereof. 


General duties 
of deputy super¬ 
visors. 


Return and can¬ 
vass of vote for 
township and 
municipal 
officers, mem¬ 
bers of boards 
of education 
and justices of 
the peace. 


provide for the mode of conducting elections, to insure the 
secrecy of the ballot and prevent fraud and intimidation at 
the polls, and to repeal certain statutes therein named,” 
passed April 30, 1891, as amended and supplemented, upon 
the secretary of state, or the clerk of the court, or a board of 
elections acting within and for a county, in the conduct of 
elections. 

The state supervisor of elections and the deputy super¬ 
visors shall receive and file the certificates of nominations 
and nomination papers, fill vacancies, pass upon the validity 
thereof and certify the same agreeably to the provisions of 
law and said act regulating the filing and the determination 
of the validity thereof, to be made and done by the secretary 
of state, board, clerk, officer or officers. 

Objections or questions arising on the nomination cer¬ 
tificates or papers of candidates for district or circuit offices, 
or offices of a subdivision of a district or circuit, shall be 
determined by the chief deputies and clerks of the deputies 
of the counties comprising said district or circuit. In case 
no decision can be arrived at by the deputy supervisors for 
the county or by the chief deputies and clerks of a district 
or circuit, then the question shall be submitted to the state 
supervisor of elections, who shall summarily decide the 
same and his decision shall be final. 

The deputy supervisors for each county shall advertise 
and let the printing of the ballots, cards of instruction and 
other required books and papers to be printed by the 
county; they shall receive the ballot^ from the printer and 
cause the same to be securely sealed up in their presence 
in packages, one for each precinct, containing the desig¬ 
nated number of ballots for each precinct, and shall make 
the necessary indorsement thereon as provided in said act; 
they shall provide for the delivery of the ballots, poll-books 
and other required books and papers at the polling places 
in the several precincts; they shall cause the polling places 
to be suitably provided with booths, guard-rails, etc., as 
provided in said act of April 30, 1891, and acts amendatory 
and supplementary thereto; they shall provide for the care 
and custody of the same during the intervals between elec¬ 
tions ; they shall receive the returns of election, make ab¬ 
stracts of the same, and transmit such abstracts to the 
proper officers at the times and in the manner provided in 
sections 2980, 2982, 2983, 2989 and 2994 of the Revised 
Statutes to canvass the returns, make abstracts thereof, 
transmit the same and issue certificates to persons entitled 
to the same. 

In April or other elections for township or municipal 
officers, or boards of education, or the election of a justice 
of the peace, the judges and clerks of election shall certify 
the returns to the clerk of the township or the clerk of the 
municipality in which the election is held, or clerk of the 
board of education, instead of to the deputy state super¬ 
visors, and the said township clerk, or the clerk of the 
municipality, or clerk of the board of education, shall can- 


SUPERVISORY EJECTION EAWS. 


91 


vass the vote and declare the result in the manner and as 
provided in sections 1453, 1729 and 3910 of the Revised 
Statutes, and in the case of an election of a justice of tne 
peace, shall certify the result to the board of deputy state 
supervisors; except in municipalities where the voters are 
registered the returns shall be made and canvassed as pro¬ 
vided in section 2926 of the Revised Statutes. [90 v. 266.] 
(2966-9). Sec. 9. Any deputy state.supervisor of elec¬ 
tions or any clerk of the deputy supervisors for any county, 
upon, whom a duty is imposed by law, who shall wilfully and 
negligently violate his said duty, or who shall wilfully neglect 
to perform such duty, or who shall wilfully perform it in 
such a way as to hinder the objects of the law, or who shall 
wilfully disobey any provision of the law incumbent on him, 
shall be punished by a fine of not less than one hundred dol¬ 
lars, nor more than one thousand dollars, or by imprison¬ 
ment in jail not more than one year, or both. [89 v. 460.] 

(2966-10). Sec. 9 a. It shall be the duty of the county 
boards of deputy state supervisors to investigate all irregu¬ 
larities or non-performance of duty by any election officer 
that may be reported to them, or that comes to their knowl¬ 
edge, and report the facts to the state supervisor of elections 
and to the prosecuting attorney of the county; and the state 
supervisor of elections, or the deputy state supervisors of 
the county, shall have authority, and it is hereby made their 
duty, to order the prosecution of all offenses for violations 
of this act, or any of the laws of the state relating to the 
conduct of elections. [91 v. 121.] 

AN ACT 

To supplement sections 4 and 8 of an act entitled “ An act to create 
a state supervisor of elections, with deputy state supervisors, for 
the conduct of elections in Ohio,” passed April 18, 1892 (O. U., 
89 _ 455 ) j now designated and enforced as sections (2966-4) and 
(2966-8), respectively, of the Revised Statutes of Ohio, by the 
enactment of sections 4 c and 8 a, which shall be respectively des¬ 
ignated section (2966-4^) and section (2966-8a), and to repeal sec¬ 
tion (1545-278) of said Revised Statutes. 

[ SUMMIT AND MAHONING COUNTIES.] 

Be it enacted by the General Assembly of the State of Ohio : 

Sec. 1. That section 4 of an act entitled “An act to 
create a state supervisor of elections, with deputy state super¬ 
visors, for the conduct of elections in Ohio,” passed April 
18, 1892 (O. L., 89-455), now designated and enforced as 
section (2966-4) of the Revised Statutes of Ohio, be, and 
the same is hereby supplemented by the enactment of section 
4 c, to be designated section (2966-4 c) of said Revised Stat¬ 
utes, as follows: 

Sec. 4c. In all counties which, by the federal census 
of 1900 had, or by any subsequent federal census shall have, 
a population of not less than 70,000 nor more than 75,000 in¬ 
habitants, each member of the board of deputy state super¬ 
visors of elections, shall be allowed and paid a salary of two 
hundred and fifty dollars per year, and the clerk thereof, 
shall be allowed and paid a salary of $400 per year, payable 
quarterly. 


Muncipalities 
having regis¬ 
tration. 


Penalty for vio¬ 
lation, neglect* 
or wrong per¬ 
formance of 
duty, or dis¬ 
obedience, by 
deputy super¬ 
visor or clerk. 


Investigation of 
irregularities 
or non-perform¬ 
ance of duty by 
election officer; 
report thereon. 


Prosecutions. 


192 


BAEEOT UWS. 


Conduct of 
elections of 
public officers; 
exceptions. 


Forms for 
guidance of 
deputy state 
supervisors of 
elections. 


Division of 
wards, town¬ 
ships or pre¬ 
cincts. 


The board of deputy state supervisors of elections of 
such counties shall maintain an office at the county seat of 
their respective counties, and shall equip the same with the 
necessary furniture, fixtures, at an expense of not more than 
$250.00 per annum. 

The salaries of the members and of the clerk of each 
of such boards of deputy state supervisors of elections, to¬ 
gether with the necessary expenses incurred by said board 
in the maintenance of such office, or otherwise incurred in 
the conduct of elections within their respective counties, 
shall be payable upon vouchers approved by the board, out 
of the county treasury; and the county commissioners sfikll 
make the necessary levy to meet the same. 

Sec. 2. That section 8 of the aforesaid act, now des¬ 
ignated and enforced as section (2966-8) of the Revised 
Statutes of Ohio, be, and the same is hereby supplemented 
bv the enactment of section 8a, to be designated section 
(2966-8a) of said Revised Statutes, as follows: 

Sec. 8a. In all counties which, by the federal census 
of 1900 had, or by any subsequent federal census shall have 
a population of not less than 70,000 nor more than 75,000 
inhabitants, the deputy state -supervisors of elections for each 
of such counties shall have all the powers and perform all 
the duties in the conduct of elections within their respective 
counties as are now imposed by the laws of Ohio upon said 
deputy state supervisors of elections, and in addition thereto, 
in all cities within their respective counties wherein the reg¬ 
istration laws of Ohio are enforced, the said board of deputy 
state supervisors of elections of each of such counties shall 
constitute and be the city board of elections for each of such 
cities, and shall have all the powers, and perform alPthe 
duties now or hereafter imposed by law upon boards of elec¬ 
tions for such cities. [95 v. 767.] 


BALLOT LAWS. 


(2966-13.) Sec. 1. That hereafter elections of all pub¬ 
lic officers, except school directors of subdistricts and joint- 
subdistricts, and special school districts holding election on 
the second Monday of April, and all officers of original sur¬ 
veyed townships, in this state, shall be conducted according 
to the provisions of this act and existing laws not inconsist¬ 
ent therewith. [90 v. 268.] 

(2966-14). Sec. 2. In addition to the duties now im¬ 
posed on him by law, the secretary of state shall prepare 
and furnish to the deputy state supervisors of elections, 
for their guidance, forms of all the blanks, cards of instruc¬ 
tion, including poll-books and tally-sheets, certificates of 
nomination and designs, provided for hereinafter, for the 
conduct of elections in this state. [90 v. 268.] 

DIVISION OF PRECINCTS. 

Sec. 2966-15. In all municipalities where registration 
is not required, and in townships, when four hundred votes 
or more have been cast at the last preceding November 




BAL,L,OT RAWS. 


93 


election in any ward or township, in any precinct therein, 
such ward, township or election precinct may, or, when a 
majority of the voters petition therefor, shall be divided by 
the deputy state supervisors, as hereinafter provided, into 
two or more election precincts, so as to limit the number 
of votes in each ward or precinct to three hundred, as nearly 
as may be practicable; and from time to time, any or all of 
such precincts may be rearranged, subdivided, or combined 
as often as may be deemed necessary or the convenience of 
the electors and the prompt and correct conduct of the 
' elections may require. At least thirty days previous to any 
election, the officers above named shall give ten days’ no¬ 
tice, by publication in two papers of opposite politics pub¬ 
lished in the county, that the question whether the township, 
ward or precinct, or precincts, shall be divided, changed or 
combined will be considered on a day named in said notice. 
On said day, or some subsequent day to which the matter 
may be adjourned, the question of dividing, changing or 
combining said precinct shall be heard, and if there are no 
remonstrances against said division, change or combina¬ 
tion, they shall declare the same, and the precincts so es¬ 
tablished ; but if any twelve electors of such precincts 
remonstrate against such division, change or combination, 
the matter shall be heard and determined, and such order 4 
made for or against such division, change*or combination as 
is deemed proper; provided, that nothing in this section shall 
be construed to affect the powers and duties of city boards 
of elections in reference to the division of election precincts 
within such cities as provided in section 292G of the Re¬ 
vised Statutes; provided, further, that the division of any 
election precinct into two or more subdivisions, as herein 
provided, shall not be construed as requiring the election 
of an assessor in each such subdivision, but in all such elec¬ 
tion precincts subdivided as aforesaid there shall be elected 
one assessor for each original precinct unless the deputy 
state supervisors, at the time of the division, shall order 
that an assessor be elected in each precinct. [95 v. 360.] 

(2066-16). Sec. 4. In all other municipalities not divided into 
wards and not of themselves forming a separate voting precinct, the 
deputy state supervisors may determine whether the election officers 
of the township shall conduct such municipal election, or whether a 
separate set of judges and clerks shall be appointed and required to 
conduct the e-lecion within the municipality. [91 v. 118.] 

SEC. 2966-17. No person being a candidate for any office to be 
filled at an election shall serve as deputy state supervisor or clerk 
thereof, or as a judge or clerk of elections in any precinct at such 
election ; and any person serving as deputy state supervisor or clerk 
thereof, judge or clerk of election contrary to the provisions of this 
section, shall be ineligible to any office to which he may be elected 
at such election. [95 v. 47.] 

NOMINATIONS. 

(2966-18). Sec. 6. Nominations of candidates for pub¬ 
lic office may be made as herein provided, and when not in¬ 
validated or withdrawn, the names of such candidates shall 
be printed on the ballots. Any convention, caucus, meeting of 
qualified electors, primary election held by such electors, or 
central or executive committee, representing a political party, 


Rearrange¬ 
ment, subdivis¬ 
ion or combina¬ 
tion of such 
precincts. 


Notice of pro¬ 
posed change. 


Hearing and 
determination of 
question. 


City election: 
precincts. 


Election of 
assessors. 


Judges and 
clerks in muni¬ 
cipalities not 
divided into 
wards and not 
•of themselves 
forming sep¬ 
arate precincts. 
Candidate inel¬ 
igible as deputy 
state supervisor 
or clerk thereof, 
or as judge or 
clerk of elec¬ 
tions. 


Nomination of 
candidates. 


94 


BALLOT LAWS. 


Certificate of 
nomination. 


Substitution of 
candidate of 
other party or 
nominee by 
petition. 


Printing of 
name of candi¬ 
date on ballot 
when two or 
more certificates 
for same office 
filed. 


which at the next preceding general, election polled at least 
one per cent of the entire vote cast in the state, may make 
one nomination for each office to be filled at the following 
election, which nomination to be valid, must be certified as 
hereinafter provided. Every certificate of nomination shall 
state such facts as are in this act required for its acceptance, 
and shall be signed by the proper officers of such conven¬ 
tion, caucus, meeting, primary election or committee, who 
shall add to their signatures their places of residence and 
post-office address, and make oath before an officer quali¬ 
fied to administer the same, that the facts stated in the cer- ' 
tificate are true to the best of their knowledge and belief. 

A certificate of the oath shall be annexed to the certificate 
of nomination. Such certificate of nomination shall also 
state the names and address of a committee authorized to 
represent such political party, and such committee shall 
have power to fill vacancies which may occur in the'list of 
nominations, unless it be otherwise specially ordered at the 
time of the selection of such committee and so certified. 
[89 v .434.] 

(2966-19). Sec. 6a. It shall not be lawful, however, 
for any committee, appointed for the purpose of filling va¬ 
cancies, in cases where no nominations were made originally 
for a particular office, to substitute the name of a candidate 
of another political party for such office, or to substitute the 
name of a candidate nominated by petition, it being the in¬ 
tent of this act that when the nomination of a candidate of 
one party is endorsed by another that it shall be done at 
the. time and in the manner provided for original nomina¬ 
tions. Provided, further, that if the name of any candidate, 
except the name of a candidate for the office of member of 
a school board or board of education, is *certified to the state 
supervisor of elections or deputy state supervisors or board 
of elections by two or more political parties, or by a peti¬ 
tion of electors and a political party or parties, it shall be 
unlawful to cause the name of any such candidate to be 
printed in more than one place on the ballot sheet, if said 
candidate be certified by two or more political parties or pe¬ 
titioners for the same office. When the name of a candi¬ 
date is certified as above mentioned, such person whose 
name is so certified shall within three days from the time the 
certificate of nomination is filed, notify the state supervisor 
or deputy state supervisors or board of elections, as the case 
may be, under which political party name or list of petition¬ 
ers he desires his name to be printed, and the said election 
officers when so notified shall print the name in that list 
only. If the said person, except a candidate for member 
of any school board, or board of education, whose name is 
so certified by two or more political parties or petitioners 
fails to notify the state supervisor of elections or the deputy 
state supervisors or board of elections, as the case may be, 
in which list of candidates he desires his name to be printed' 
then the said state supervisor or deputy state supervisors or 
board of elections shall print the name in the list of party 
candidates which was first certified to the state supervisor 
or deputy state supervisors or board of elections, and in 
that list only. [92 v. 185.] 


BALLOT LAWS. 

NOMINATIONS BY PETITION. 

(2966-20). Sec. 7. Nominations of candidates for any 
county, township or municipal office, or members of the 
board of education may be made by nomination papers, signed 
in the aggregate for each candidate by not less than three 
hundred qualified electors of the county, or fifty qualified 
electors of the city, or twenty-five qualified electors of the 
township, village or school district, respectively; except 
in counties containing cities of the first and second grade 
of the first class, such nomination papers' shall be signed 
by petitioners not less in number than one for every fifty 
persons who voted at the next preceding general election 
in such county. Nominations of candidates for other of¬ 
fices may be made by nomination papers, signed for each 
candidate by qualified electors of the state or the district 
or division for which such candidates are nominated, not 
less in number than one for every one hundred persons 
who voted at the next preceding general election in the 
state or such district or division. Signers of such nomi¬ 
nation papers shall insert in them the names and addresses 
of such persons as they desire, to the number of five, as 
a committee, who may fill vacancies caused by death or 
withdrawal. Such nomination papers shall contain a pro¬ 
vision to the effect that each signer thereto thereby pledges 
himself to support and vote for the candidate or candidates 
whose nominations are therein requested. Each elector 
signing a nomination paper shall add to his signature his 
place of residence, and may subscribe to one nomination 
for each office to be filled, and no more. One of the 
signers to each such separate paper shall swear that the 
statements therein are true, to the best of his knowledge 
and belief, and the certificate of such oath shall be annexed. 
[93 v. 94.] 

CERTIFICATES OF NOMINATION — WHAT TO 
CONTAIN. 

(2966-21). Sec. 8. All certificates of nomination and 
nomination papers shall, besides containing the names of can¬ 
didates, specify as to each (1) the office for which he is nom~ 
inated; (2) the party or political principle which he repre¬ 
sents, expressed in not more than three words; (3) his place 
of residence, with street and number thereon, if any; provided, 
however, that in nominations by petition, the certificate may 
designate, instead of a party or political principle, any name 
or title which the signers shall select, and candidates nomi¬ 
nated by petition, without distinctive appellations, shall be 
certified as independent candidates. In case of electors of 
president and vice-president of the United States, the names 
of the candidates for president and vice-president shall be 
added to the party or political appellation. [89 v. 435,] 

CERTIFICATES OF NOMINATION—WHEN FILED. 

(2966-22). Sec. 9. Certificates of nomination and 
nomination papers of candidates for presidential electors and 
state offices, shall be filed with the secretary of state not less 
than thirty days previous to the day of the election at which 
he candidates are to be voted for; certificates of nomination 


95 


Nomination of 
candidates by 
nomination 
papers. - 


Cuyahoga and 
Hamilton coun 
ties. 


Signers to name 
committee to fill 
vacancies. 


Signer pledged 
to vote for nom¬ 
inee or nom¬ 
inees. 


Residence of 
signers to be 
stated; can sub¬ 
scribe to but 
one nomination. 
Oath by one' of 
the signers. 


Contents of cer¬ 
tificates of nom¬ 
ination and 
nomination 
papers. 


Filing of certify 
cates of nomi¬ 
nation and 
nomination 
papers. 


96 


BALLOT LAWS. 


preservation 
and inspection 
of certificates of 
nomination and 
nomination 
papers; objec¬ 
tions to their 
validity; con¬ 
sideration and 
decision of such 
objections, or 
other questions. 


and nomination papers for the nomination of candidates for 
county offices shall be filed with the deputy state super¬ 
visors not less than twenty days previous to the day of 
election; certificates of nomination and nomination papers 
for the nomination of candidates for offices to be filled by 
the electors of a district lying within a county shall be filed 
with the deputy state supervisors of the county; and for 
offices to be filled by the electors of a district, circuit or 
subdivision of a district, composed of two or more coun¬ 
ties, with the chief deputy state supervisor of the county 
in the district, circuit or subdivision containing the greatest 
number of inhabitants, as ascertained by the last federal 
census, not less than twenty-five days previous to the day 
of election; certificates of nomination and nomination 
papers for the nomination of candidates for township or 
municipal offices, or members of the board of education, 
shall be filed with the deputy state supervisors not less than 
fifteen days previous to the election; certificates of nomina¬ 
tion and nomination papers for municipal officers and for 
members of boards of education in municipalities situated 
in two or more counties shall be filed with the board of dep¬ 
uty state supervisors of the county containing the majority 
population of said municipality not less than fifteen days 
previous to the election; provided, that in cities where the 
votes are registered, the nomination of city officers shall be 
filed with the city board of elections not less than fifteen days 
previous to the day of such election. [93 v. 189.] 

OBJECTIONS TO CERTIFICATES. 

(2966-23). Sec. 10. Certificates of nomination and 
nomination papers, when filed, shall be preserved and be open, 
under proper regulation, to public inspection; the certificates 
of nomination and nomination papers being so filed, if in ap¬ 
parent conformity with the provisions of this act, shall be 
deemed to be valid, unless objection thereto is duly made in 
writing, within five days after the filing thereof. Such objec¬ 
tions, or other questions arising in the course of the nomina¬ 
tion of candidates for state offices and presidential electors 
shall be considered by the secretary of state, and his decision 
shall be final. Such objections or other questions arising in 
the course of nominations of candidates for county offices or 
offices of a district lying within a county shall be considered 
by the deputy state supervisors of the county, and objections 
or questions arising in the course of nomination of candi¬ 
dates for district or circuit offices or offices in a subdivision 
of a district shall be considered by the chief deputy state 
supervisors and clerks of said election boards of the several 
counties comprising the district, circuit or subdivision, and 
their decision shall be final; but in case no decision can be 
arrived at, the matter in controversy shall be submitted to 
'the state supervisor of elections, who shall summarily decide 
the question thus submitted to him, and his decision shall be 
final. Objections and questions arising in the course of nom¬ 
inations for township or municipal offices, or members of the 
board of education, shall be considered by the deputy state 
supervisors, except that in cities having registration, all such 
objections shall be considered by the board of elections of 


BALLOT LAWS. 97 

such cities; the decision of such deputy state supervisors 
or board of elections shall be final, and in case of disagree¬ 
ment the matter shall be referred to the state supervisor of 
elections'and his decision shall be final; but in municipali¬ 
ties within the terms of this act which are situate in two or 
more counties, the objection or question may be submitted 
by the clerk or board thereof directly to the state supervisor. 

In case an objection is made, or question arises, notice shall 

forthwith be mailed to the candidates affected thereby, and - 

to any party committee especial interested. It shall be 

proper for the officers above named, in the decision of any 1 

question as to the proper political or party designation of 

candidates, to distinguish between candidates nominated by ! 

certificates of nomination and those nominated by petition 

or nomination papers; and any party or political designation 

certified by petitioners in nomination papers may be rejected 

if, from similarity to the name of any existing party, as 

defined in section 7, such officers shall deem it likely to 

mislead or confuse voters. [90 v. 269.] 

VACANCIES — HOW FILLED. 

(29GG-24). Sec. 11. Should any person so nominated fanner of fiii- 
die, withdraw, or decline the nomination, or should any cer- ticket, or cor 
tificate of nomination be insufficient or imperfect, the vacancy certificate 6 of m 
thus occasioned may be filled or the defect corrected in the notation, 
manner required for original nominations, but must be cer¬ 
tified to the secretary of state twenty days, or to the deputy 
state supervisors at least fifteen days previous to the election . 

day. If,when the original nomination was certified, there was 
certified a committee authorized to represent the party as 
before provided, it may fill such vacancy. The chairman 
and secretary of such committee shall thereupon make and 
file with the proper officer a certificate setting forth the 
cause of the vacancy, the name of the person nominated, 
the office for which nominated, the name of the person for 
whom the nominee is to be< substituted, and such other 
information as is required to be given in an original cer¬ 
tificate of nomination. The certificate so made shall be 
executed, acknowledged and sworn to in the manner pre¬ 
scribed for the original certificate of nomination, and shall, 
upon being filed with the secretary of state at least twenty 
days, or with the deputy state supervisors fifteen days be¬ 
fore election, have the same force and effect as an original 
certificate of nomination. A vacancy occurring after the 
printing of the ballots may be filled by filing the proper cer¬ 
tificate With the secretary of state at least ten days, and with 
the deputy state supervisors at least five days prior to the 
election, and the name, office and ,party candidate so 

nominated shall be printed r on adhesive slips or pasters, by 
the deputv state supervisors, which shall be delivered to the 
judges in each precinct before the opening of the polls, 
and pasted by them in the proper place on the ballot, be¬ 
fore the same is handed the elector. [90 v. 270.] 

(29fi0-24a). Sec. 1. When a political party in its ^ t ° y n, e y xe ° c f u . 
nominating convention fails to appoint a committee for the 
purpose of filling vacancies on the party ticket, the power to on ticket. 


98 


BALLOT LAWS. 


Device to desig- 
,„te party can* 
didates. 


Transmission of 
certified copies 
of certificates of 
nomination. 


Municipalities 
having registra¬ 
tion. 


How expenses 
of election de¬ 
frayed. 


fill such vacancies shall be and hereby is vested in the county 
executive committee of said political party. [93 v. 224.] 

DEVICE ON TICKET. 

(2966-25). Sec. 12. If a certificate of nomination of 
any state convention shall request that the figure or device se¬ 
lected by such convention be used to designate the candidates 
of such party on the ballots for all elections throughout the 
state, such figure or device shall be so used until changed by 
request of a subsequent state convention of the same party. 
Such devise may be the figure of a star, an eagle, a rooster, 
a flower, a plow, or some such appropriate symbol, but the 
coat of arms or seal of the state or United States, the na¬ 
tional flag, or any other emblem common to the people at 
large, shall not be used as such device. [89 v. 437.] 

TRANSMISSION OF CERTIFICATES OF NOMINA¬ 
TIONS. 

(2966-26). Sec. 13. Immediately upon the expiration 
of the time within which certificates of nominations may be 
filed;with him, the secretary of state shall certify copies of all 
the nominations so filed to the several deputy state super¬ 
visors ; and the chief deputy state supervisor of the district, 
circuit or subdivision with whom the certificate of district, 
circuit or subdivision nominations has been filed, shall imme¬ 
diately certify the same to the deputy state supervisors in all 
the other counties in such district, circuit or subdivision. In 
municipalities having registration it shall be the duty of 
the city board of elections to immediately certify to the 
deputy state supervisors copies of all certificates that have 
been filed with said board. [93 v. 190.] 

EXPENSES — HO'W DEFRAYED. 

(2966-27). Sec. 14. All-expenses arising for printing 
and distributing ballots, cards of explanation to officers of the 
election and voters, blanks, and all other proper and neces¬ 
sary expenses of any general or special election, including 
compensation of precinct election officers, shall be paid out 
of the county treasury as other county expenses; but, ex¬ 
cept in the case of November elections, shall be a charge 
against the township, city, village or political division "in 
which such election was held, and the amount so paid by 
the county as above provided, shall be retained by the 
county auditor from the funds due to such township, city, 
Village or political division, at the .time of making the semi¬ 
annual distribution of taxes; the county commissioners, 
township trustees, councils, boards of education or other 
authorities authorized to levy taxes, shall make the neces¬ 
sary levy to meet such expenses,which levy may be in ad¬ 
dition to other levies authorized or required by law; the 
amount of all such expenses shall be ascertained and appor- 




BALLOT LAWS. 


99 


tioned by the deputy state supervisors to the several polit¬ 
ical divisions and certified to the county auditor. In the 
case of municipalities situated in two or more counties, the 
proportion of expense charged to each of the counties shall 
be ascertained and apportioned by the clerk of the corpo¬ 
ration and certified by him to the several county anditors. 
[91 v. 242.] 

PRINTING AND DISPOSITION OF BALLOTS. 


(2966-28). Sec. 15. The printing provided for in this 
act, except poll-books and tally-sheets, shall be let by the dep¬ 
uty state supervisors or board of elections, to the lowest re¬ 
sponsible bidder in the county, upon ten days’notice published 
not more than three times in two leading papers of opposite 
politics published in such county, but in case of special elec¬ 
tions in townships, villages, and cities of the fourth grade of 
the second class, the deputy state supervisors or board of 
elections may give notice by mail addressed to all the print¬ 
ing offices within the county, instead of publishing said no¬ 
tice. After the letting of the contract for the printing of 
the ballots, the proper officer or board shall secure from the 
printer and exhibit to the'chairman of the local executive 
committee of each party represented on the ballot, for in¬ 
spection and the correction of any errors appearing thereon, 
a printed proof of the ballot to be printed for use at the elec¬ 
tion; the person to whom the contract for printing the tick¬ 
ets is let, shall, in the presence of the deputy state super¬ 
visors or board of elections, seal up securely in packages, 
one for each precinct in the county or municipality, as the 
case may be, the designated number of ballots to be printed 
for such precinct, and indorse thereon the number of bal¬ 
lots so printed and sealed up, and deliver the same to the 
deputy state supervisors at such time as they may direct; 
provided, that in municipalities situated in two or more 
counties, the city clerk shall provide for the printing and 
distribution of the ballots. In electron precincts composed 
of a township or a part thereof, and a municipality or a part 
thereof, or in precincts composed of two or more townships 
or parts thereof, and a municipality or a part thereof, there 
shall be provided for all April and special elections, sepa¬ 
rate ballots, for each township, village, or city portion ot 
such precinct, so as to enable electors residing in such pre¬ 
cinct to cast their votes for the proper candidates in the re- 
sepective portions comprising such precinct, and likewise 
there shall be provided ballots for each school district por¬ 
tion of such precinct which shall contain the names of the 
candidates for members of the board of education for which 
electors residing in such precinct are entitled to vote. This 
last provision shall apply only where the school district is 
not coextensive with the boundaries of the municipality. 
[91 v. 291.] 

(2966-29). Sec. 15a. Each proposal for printing, as 
provided for in the preceding section, must be accompanied 
by a bond, executed in due form by the bidder, with at least 


Contracts for 
printing. 


Submission of 
prooi oi ualict. 


Sealing and de¬ 
livery of ballots. 


Ballots for April 
and other spec¬ 
ial elections in 
certain pre¬ 
cincts. 


Bond of bidder 
for printing. 


100 


BALLOT LAWS. 


Delivery of bal¬ 
lots and other 
supplies re¬ 
quired in con¬ 
duct of elec¬ 
tions. 


Cities first and 
second class. 


Delivery of bal¬ 
lots in Cincin¬ 
nati. 


Delivery of sup¬ 
plies when 
judge sum¬ 
moned fails to 
appear. 


Replacing; of 
supplies lost or 
destroyed. 


two good and sufficient sureties, satisfactory to the board of 
deputy state supervisors, in a sum double the amount of bis 
bid, conditioned for a faithful performance, pursuant to con¬ 
tract, of such printing as may be awarded to him ; and for the 
payment as liquidated damages by such bidder to the board 
of deputy state supervisors of any excess of cost over the 
bid or bids of such bidder which the board of deputy state 
supervisors may be obliged to pay for such work by rea¬ 
son of the failure of such bidder to complete his contract; 
the bond to be null and void if no contract is awarded to 
him. No bid unaccompanied by such bond shall be enter¬ 
tained by the board cf deputy state supervisors. [91 v. 116.] 

DELIVERY OF BALLOTS, POLL-BOOKS, ETC. 

(2966-30). Sec. 16. Not less than three days before 
an election the deputy state supervisors or city clerk, in mu¬ 
nicipalities situated in two or more counties, shall summons 
the presiding judge of election in each precinct in such county 
or municipality, as the case may be, to appear forthwith and 
receive the necessary blanks, poll-books, tally-sheets, certifi¬ 
cates, cards of instruction and ballots for such precinct, and 
shall deliver to such judge the sealed packages of ballots, 
blanks, poll-books and other required papers, all of which 
such judge shall safely deliver and have on hand at the poll¬ 
ing place in his precinct before the time for the opening of the 
polls therein; provided, however, that in cities of the first and 
second class, when the presiding judge or chairman is chosen 
at the meeting of the registrars and judges of election, on the 
evening preceding any November election pursuant to sec¬ 
tion 2926/i of the Revised Statutes, or on the Saturday even¬ 
ing preceding any April election, it shall be the duty of such 
judge, immediately after such meeting, to call at the office 
of the city board of elections for such packages, and in such 
cities the deputy state supervisors, when required to print 
the ballots, shall deliver the poll-books, tally-sheets, cards of 
instruction and other supplies herein mentioned to the board 
of election of such city instead of the presiding judges; and 
provided further, that in any city of the first grade of the 
first class, the board of elections may, by resolution, provide 
for the delivery of ballots through the agency of the police 
force of such.city; and provided further, if the judge sum¬ 
moned to receive and deliver the ballots and other books and 
papers does not appear, the deputy state supervisor, or city 
clerk or board of elections shall send the ballots, books and 
other required papers to the elction officers of the precinct 
so as to be received bv them in time for the elction. [92 
v. 147.] 

BALLOTS LOST, ETC., HOW REPLACED. ’ 

(2966-31). Sec. 17. If, by any accident or casualty, 
the ballots or other required papers delivered to any judge of 
elections or other messenger shall he lost or destroyed, it shall 
be the duty of such person charged with the custody thereof 
to report the loss at once to the deputy state supervisors or 


BALLOT LAWS. 


101 


city board of elections, from whom the same were obtained, 
and make affidavit of the circumstances of the loss, where¬ 
upon the deputy state supervisors or board of election^ shall 
once resupply such person; in case such person fail or refuse 
to report and make proof of the loss, any qualified elector 
may do so, and thereupon a new supply shall be sent by 
special messenger, as provided in other cases,. 

At the opening of the polls in each precinct, the seals of 
the packages shall be publicy broken, and the packages 
shall be opened by the presiding officer. The cards of in¬ 
struction shall immediately be placed in each voting shelf 
or compartment provided in accordance with this act for 
the marking of the ballots, and in such other places as the 
election officers may select. 

In case no ballots shall have been delivered at any poll¬ 
ing place before the opening of the polls, or if extra ballots 
shall, at any time during the time the polls remain open, be 
required, it shall be the duty of the deputy state supervisors, 
city clerk or board of elections, upon a requisition, in writ¬ 
ing, signed by a majority of the election judges of such pre¬ 
cinct, wherein the reason for demanding such ballots shall 
be set out, to secure the same as speedily as possible, and, if 
necessary, extra ballots may be printed for this purpose; 
provided, however, that such ballots shall conform, as nearly 
as possible, to the original ballots, and the printing and the 
care of the same shall be under the same provisions arid 
penalties as the printing and care of the other ballots; and if, 
from any cause, neither the official ballots nor ballots other¬ 
wise prepared as above prescribed shall be ready for distri¬ 
bution at any polling place, or if the supply of ballots shall 
be exhausted before the polls are closed, unofficial ballots 
•may be used, so that no elector, for lack of a ballot, shall be 
deprived of his franchise. [90 v. 273.] 

FORM OF BALLOTS. 

(296G-32), Sec. 18. Every ballot intended for the use 
of electors, printed in accordance with the provisions of this 
act, shall contain the names of all the candidates whose nom¬ 
inations for any offices specified in the ballot have been duly 
made, and not withdrawn in accordance herewith arranged in 
tickets or lists under the respective party or political or other 
designation certified. In elections for presidential electors, 
the names of the candidates for president and vice-president 
shall be placed on the ticket by the secretary of state imme¬ 
diately following the name of the. party and preceding the 
names of the presidential electors. 

The arrangement of the ballot shall, in general, conform 
as nearly as practicable to the plan hereinafter given. [The] 
tickets or lists of candidates of the various parties shall be 
printed in parallel columns, headed by the chosen devices 
upon a shaded background, and the party names or other 
designation, in such order as the secretary of state niaj 
direct, precedence, however, being given to the party which 


Opening of 
packages. 

Where cards of 
instruction to 
be placed. 


Extra ballots. 


When unofficial 
ballots may be 
used. 


Contents of 
ballot. 


Arrangement of 
tickets or lists 
of candidates. 


102 


BALLOT LAWS. 


Constitutional 
amendment or 
other question, 


Form of ballot. 


Indorsement 


Printing, per¬ 
foration, bind¬ 
ing and desig¬ 
nation of 
ballots. 


Main stub 


polled the highest number of votes for the head of the ticket 
in the next preceding general election, and so on. No ticket 
or list of candidates shall be printed under the name of any 
party containing more candidates for any office than are to 
be elected. 

Whenever the approval of a constitutional amendment 
or other question is to be submitted to a vote of the people, 
such question shall be printed on a separate ballot and de¬ 
posited in a separate ballot-box to be presided ©ver by the 
same judges and clerks.* 

The ballot shall be so printed as to give each elector a 
clear opportunity to designate by a cross mark in a large 
blank circular space three quarters of an inch in diameter 
below the device and above the name of the party at the head 
of the ticket or list of candidates, his choice of a party ticket 
and desire to vote for each and every candidate tnereon; 
and by a cross mark in a blank inclosed space on the left 
and before the name of each candidate, his choice of par¬ 
ticular candidates. 

On the back shall be printed, “official ballot/’ the date 
of the election, and facsimile of the signature of the officer 
or officers who have caused the ballots to be printed. 

The ballots shall be printed on the same leaf with a 
double stub, and separated therefrom by a perforated line, 
and shall be bound with the stub attached thereto, into 
books, or blocks, one for each voting precinct, which book 
or block shall contain at least twice as many ballots as there 
were votes cast at such precinct at the preceding general 
election; upon the covers of such books or blocks shall be 
printed the designation of the precinct for which the ballots 
have been prepared. 

The main stub shall be printed as follows: Consecutive 
number—[after these words the consecutive number shall 
be printed, beginning with one and increasing in regular 
numerical order]; provided, however, that the county, clerk 
may direct that such consecutive numbers shall not be 
printed, but shall be written by the ballot officer before 
delivering the ballot to the elector. 

Name of voter—[after these words the clerk shall write 
the voter’s name], 

# Residence—[after this word the clerk, in cities where 
registration is required, is to write the voter’s residence]. 


*See page 82. 




BALLOT LAWS. 


103 






\ 


[ Main stub.] 

Consecutive number 

Name of voter. 

Residence . 


[ Secondary stub.] 

Name or registered number of voter. y 


Device. 

Device. 

wtamms^asm^wmBtaaasa 

Device. 

4 Ji 

VV Jo? 

- 

<?- 

C 

4. / 

* V 

v \ 
V 
+ 

/ V* 

! \U 

1 

// 

\ 1 O 

* 1 N t*' 

o / 

4. ! 

« V 

T> V\ 
•s \ 
•f- 

<pAlGf(v 
“5> > 

h 

,/ 

j o 

^ // * 

iS^A c 

/r Hl N t^ X 

Republican Ticket. 

Democratic Ticket. 

Prohibition Ticket. § 

For Governor, 


For Governor, 


For Governor, 


Name. 


Name. 


Name. 




, 






























t 


i 









• 

wzmi5Bsmmw&mzzi~ J i. 

E3?a?a»a 







































































104 


BALLOT LAWS. 


Secondary stub. 


General provis¬ 
ions relating 
to printing'of 
•ballots., 


Separation of 
party tickets 
and borders. 


Voting shelves 
and gdard-rails; 
arrangement of. 


Arrangement of 
ballot-boxes and 
voting booths. 
Number of 
shelves 
required. 

Who permitted 
within rail. 


Supplies for 
'marking ballots. 


The secondary stub shall be printed as follows: Name 
of voter or registered number—[after these words the clerk, 
in precincts where the registration law is in force, shall write 
the registered number of the voter, and in other precincts 
the voter’s name]. 

All ballots shall be printed on the best quality No. 2 
book paper, in black ink, and with the exception of the 
heading which shall be. in display, in brevier type, the name 
or designation of the office in lower case, and the name of 
the candidate therefor in capital letters, with a space of at 
least one-fifth of an inch following each name; the name of 
each candidate shall be printed in a space defined by ruled 
lines, and with a blank square on its left inclosed by heavy 
dark line; if, upon any ticket, there be no candidate or can¬ 
didates for a designated office,, a blank space equal to the 
space that would be occupied by such name or names, if 
they were printed thereon, with the blank spaces herein 
provided for, shall be left. The heading of each party ticket 
including the name of the party, the device above and the 
large circle between the device and such name, shall be 
separated from the rest of the ticket by a heavy line, and 
the circle above the name of the party in which the voter is 
to place the cross mark, if he desire to vote the straight 
ticket, shall be defined bv heavier lines than the lines defin¬ 
ing the blank spaces before the names of candidates, and 
such circle shall be surrounded by the following words 
printed in heavy-face nonpareil type : “For a straight ticket 
mark within this circle.” 

Each party ticket shall be separated from other party 
tickets and bordered on either side by a heavy border or a 
broad solid line at least one-eighth of an inch wide, and 
the edges of the ballot on either side trimmed off up to the 
border or solid line described. [89 v. 440.] 

BOOTH, GUARD-RAILS, ETC. 

(296G-33). Sfx. 19. The deputy state supervisors 
shall provide a sufficient number of voting shelves at which 
electors may conveniently mark their ballots, so that in the 
marking thereof they shall be protected from the observation 
of others by cloth screens or other device, extending from 
the top of the booth to a level with or below the voting 
shelf, and a guard-rail shall be so constructed and placed 
that only such persons as are inside said rail can approach 
within six feet of the ballot-boxes or of such voting shelves. 
The arrangements shall be such that neither the ballot- 
boxes nor the voting booths shall be hidden from view 
of those outside the said rail. The number of such voting 
shelves shall not be less than one for every seventy-five 
electors qualified to vote at such polling-place. No person 
other than the judges of election and such officers as are 
provided for by the statutes of this state or of the United 
States, and electors admitted as herein provided, shall be 
permitted within said rail, except by authority of the elec¬ 
tion officers, for the purpose of keeping order and enforc¬ 
ing the law. Each voting shelf shall be provided with 


BALLOT LAWS. 


proper supplies and conveniences for marking the ballot. 
After each election the judges of elections shall see that the 
booths, guard-rdils and other equipments s are returned to 
the clerk of the township or corporation in which the pre¬ 
cinct is situated, for safe keeping, and it shall be the duty of 
such clerk to have such booths and equipments.on hand and 
in place at the polling place in each precinct before the time 
for opening the polls on election day, and for this service the 
deputy state supervisors may allow the necessary expense 
incurred ; provided, that where a board of elections is es¬ 
tablished by law, this duty shall devolve on such board. 

[93 v. 208.] CHALLENGERS—OATH. 

(2966-34). Sec. 20. Two challengers may be appointed 
by the precinct committeeman of each political party having 


candidates to be voted for at such election, who shall be ad¬ 
mitted to the polling place for the purpose of challenging 
electors in such precincts where the voters are not regis¬ 
tered, and they may keep tally of the electors voting; the 
challengers shall serve without compensation from the 
county, city, village or township, and shall take the follow¬ 
ing oath, to be administered by one of the judges of elec¬ 
tion : 

You do solemnly swear (or affirm) that you will sup¬ 
port the constitution of the United States and of this state; 
that you will faithfully and impartially discharge the duties 
as official challenger, assigned by law; that you will not 
cause any delay to persons offering to vote further than is 
necessary to procure satisfactory information of the quali¬ 
fication of such person as elector, and that you will not 
disclose or communicate to any person how any elector has 
voted at such election. 

Any voter may be challenged by any challenger, judge 
or clerk of the election, and, if challenged, shall establish his 
right to vote as now provided by law. Any elector of the 
precinct may notify the judges of election, in writing, that 
he challenges the right of any person or persons to vote, 
giving the reasons, and such person or persons shall be 
deemed challenged as above. [89 v. 444.] 


BALLOT—HOW PREPARED. 

(2966-35). Sec. 21. Any person desiring to vote and 
legally entitled to vote at such election shall give his name, 
and in precincts where the registration law is in force his resi¬ 
dence to the election officer holding the ballots, who shall 
write the same upon the main stub of the ticket in the blank 
space provided therefor. Such officer, shall then mark up¬ 
on the secondary stub the elector’s registered number in 
all precincts in which a registration law is in force, and in 
all other precincts the elector’s full name. 

One of the election officers shall then detach the ballot, 
with the secondary stub attached, from the main stub, fold 
the same, and shall hand it to the elector, and the elector 
shall be allowed to enter the place inclosed by the guard¬ 
rail. The officer shall give him one, and only one ballot. 


lub 


Return of 
booths, guard¬ 
rails, etc. 


Placing of such 
equipments for 
elections. 


Appointment 
and privileges 
of party chal¬ 
lengers. 


Oath of chal¬ 
lengers. 


Challenges. 


Entry of name, 
residence and 
registered num¬ 
ber of elector 
upon stubs of 
ballot. 


Delivery of bal¬ 
lot to elector 


106 


BALLOT LAWS. 


General provis¬ 
ions relating to 
preparation of 


Rules for 
marking: 


For a straight 
ticket. 


For a mixed 
ticket. 


When two or 
more persons 
are to be elected 
to same office. 


On receipt of his ballot, the elector shall forthwith, and 
without leaving the inclosed space, retire alone to one of 
the voting shelves, and without undue delay unfold and 
mark his ballot as hereafter described. No elector shall be 
allowed to occupy a voting shelf already occupied by an¬ 
other, or to occupy a voting shelf for more than five min¬ 
utes, in case all the shelves are in use and electors waiting 
to occupy the same, or to speak to or to converse with any 
one, except as herein provided while within the guard-rail. 
All marks upon the ballot must be made by black lead pen¬ 
cil. If an elector soil or deface a ballot so that it can not 
be used, he may successively obtain others, one at a time, 
not exceeding in all three, upon returning each ballot so 
soiled or defaced, which shall be immediately destroyed ; 
provided, if an elector who has defaced three ballots, shall 
satisfy the judges that the same were 'defaced by accident 
or honest mistake, and not for any fraudulent purpose, the 
judges shall deliver him another, ballot and help him mark 
the same. 

The elector shall observe the following rules in mark¬ 
ing his ballot: 

1. If the elector desire to vote a straight ticket, or in 
other words for each and every candidate of one party for 
whatever office nominated, he shall, either, 

(a) Make a cross mark in the circular space below the 
device and above the name of the party at the head of the 
ticket; or, 

(b) Make a cross mark on the left of and opposite the 
name of each and every candidate of such party in the 
blank space provided therefor. 

2. If the elector desire to vote a mixed ticket, or in 
other words, for candidates of different parties, he shall, 
either, 

(a) Omit making a cross mark in the circular space 
above the name of any party, and make a cross mark in the 
blank space before the name of each candidate for whom he 
desires to vote on whatever ticket he may be; or, 

( b ) Make a cross: mark in the circular space abo-ve the 
name of a party, some of whose candidates he desires to 
vote for, and then make a cross mark before the name of 
any candidate of any other party for whom he may desire 
to vote; in which case, the cross mark in the circular space 
above the name of a party will cast the elector’s vote for 
every candidate on the ticket of such party, except for of¬ 
fices for which candidates are marked on other party tickets, 
and the cross marks before the names of such candidates 
will cast the elector’s vote for them ; provided, that where 
two or more persons for the same office are to be voted for 
in any precinct, as two or more representatives or other of¬ 
ficers, and the names of several candidates therefor appear 
on each party ticket grouped under the office for which all 
are running, the elector who has marked a ticket in the cir¬ 
cular space at its head, and marked one or more of a group 
of candidates for such office on another ticket or tickets, 
must in addition to marking the ticket in the circular space 
at its head, also make a cross mark before each one of the 


BALLOT LAWS/ 

& r ° u i • candidates for such office for wtiom he desires t> 
vote, on the ticket thus marked; or instead of marking the 
candidates for such office he desires to vote for oh the 
ticket marked by him, he may erase the names of can¬ 
didates for such office whom he does not desire to vote for 
on the ticket thus marked by him to the number of candi¬ 
dates for such office marked by him on other party tickets, 
in which case his vote shall be counted for the candidates 
for such office not erased; and provided further, if an elec¬ 
tor who has thus marked a party ticket in the circular space 
at the head thereof and marked one or more candidates on 
another ticket or tickets for an office for which there are 
more than one candidate on his own party ticket, fail or 
neglect to indicate either by individual marks or by eras¬ 
ures, as aforesaid, which of the several candidates for the 
same office on his own party ticket he desires to vote for, 
then and in such event, the vote shall be counted only for 
the candidate or candidates for that office that have the 
distinguishing mark before his or their names. 

If, in marking either a straight or a mixed ticket as 
above defined, a cross mark is made in the circular space 
above the name of a party at the head of the ticket, and 
also one or more cross marks made before the name or 
names of candidates on the same ticket for offices for which 
candidates on other party (tickets are not individually 
marked, such marks before the names of candidates on the 
ticket so marked, shall be treated as surplusage and ig¬ 
nored, and the ballot be counted for all the candidates on 
the ticket thus marked for offices for which no candidates 
on other tickets are marked; but this provision is subject 
to the exception in the proviso in the last paragraph, where 
two or more persons for the same office are grouped on 
party tickets. 

In the case of a question submitted, the elector shall 
make a cross mark in the blank space on the left of and be¬ 
fore the answer which he desires tq give. 

If the elector desires to vote for any person whose name 
.does not appear on the ticket, he can substitute the name 
by writing it in black lead pencil or black ink in the proper 
place, and making a cross mark in the blank space at the 
left of the name so written. 

If the elector mark more names than there are persons 
to be elected to an office, or if for any reason, it is impos¬ 
sible to determine the voter’s choice for an office to be 
filled, his ballot shall not be counted for such office. 

No ballot shall be rejected for any technical error which 
does not make it impossible to determine the voter’s choice, 
[89 v. 444.] 

(2966-36). Sec. 21a. If there should be no nomination 
for a particular office by any political party, or if by inadver¬ 
tence, or otherwise, the name of a candidate regularly nomi¬ 
nated by such party should be omitted from the ballot, and the 
elector desires to vote for some one to fill such office, he may 
do so by writing the name of the person for whom he de¬ 
sires to vote in the space underneath the heading or desig- 


107’ 


Surplus marks. 


Submission of 
question. 


Substitution ot 
name of person 
not on ticket. 


When ballot not 
to be counted 
for certain 
office. 


Disregard of 
technicalities. 


Substitution 
when no nomi¬ 
nation made or 
name of nomi¬ 
nee omitted- 
marking of oal 
lot in such case. 


108 


BALLOT LAWS. 


Folding ot 
ballot. 


Receipt of bal¬ 
lot; disposition 
of secondary 
stubs: regula¬ 
tion as to mark¬ 
ing and voting. 


Who permitted 
to re-enter en¬ 
closed place; 
number of elect¬ 
ors permitted 
-within rail at 
one time. 


Return of un¬ 
voted ballots. 


Assistance of 
judges in mark¬ 
ing ballot. 


Ballots permit¬ 
ted to be de¬ 
posited and 
counted. 


Appointment 
and privileges 
of party inspect¬ 
ors. 


nation of such office and make a cross mark in the circle at 
the head of the ticket, in which case the ballot shall be 
counted for the entire ticket as though the name substituted 
had been originally printed thereon. [91 v. 119.] 

BALLOTS—HOW CAST. 

(2966-37). Sec. 22. Before leaving the voting shelf 
the elector shall fold his ballot without displaying the marks 
thereon, and so as to conceal the same, but show the indorse¬ 
ments and facsimile of the signatures of the proper clerk or 
board, and keep the same so folded until he has delivered the 
ballot to the presiding officer. 

One of the election officers shall receive the ballot, 
detach the secondary stub bearing the elector's registered 
number or name, and examine such stub for the purpose of 
identification, and deposit the ballot in the ballot-box; the 
secondary stubs shall be preserved until the polls are closed 
and shall then be destroyed before the ballot-box is opened; 
the elector shall mark and vote his ballot without undue 
delay, and shall leave said inclosed place as soon as he has 
voted. 

No elector, not an election officer, shall be allowed to 
reenter said enclosed place during said election except for 
the purpose of voting. No more electors shall be allowed to 
enter within said rail at any one time than there are voting 
shelves provided. It shall be the duty of the judges of elec¬ 
tion to secure the observance of the provisions of this sec¬ 
tion. 

Every elector who does not vote a ballot delivered to 
him by the ballot officer shall, before leaving tire polling 
place, return such ballot to such officer. 

Any elector who declares to the presiding judge of elec¬ 
tion that he is unable to mark his ballot by reason of blind¬ 
ness, paralysis, extreme old age or other physical infirmity, 
and such physical infirmity is apparent to the judges to be 
sufficient to incapacitate the voter from marking his ballot 
properly, may, upon request, receive the assistance in the 
marking thereof of two of the judges of election, belonging 
to different political parties, and they shall thereafter give 
no information in regard to the matter. But such assistance 
shall not be rendered for any other cause which the voter 
may specify, and the presiding judge may require such 
declaration of disability to be made by the elector under 
oath before him. 

No ballot without the official endorsement shall be 
allowed to be deposited in the ballot-box, and none but bal¬ 
lots provided in accordance with the provisions of this 
act shall be counted. [92 v. 148.] 

POLLS CLOSED—UNUSED BALLOTS DE^ 
STROYED. 

(2966-38). Sec. 23. The county executive committee 
of each party having a ticket to be voted at an election may 
designate a suitable person to be present as inspector and 


BALLOT LAWS. 


witness and inspect the counting of the votes in each pre¬ 
cinct, and who shall be admitted to said voting place, and 
who shall be entitled to a copy of the certificates provided 
for in this act, but no other person except the election offi¬ 
cers shall be admitted to said polling place before or after 
the count begins. Immediately upon the close of the polls, 
the number of electors entered and shown on the poll- 
books as having voted, shall be first certified therein and 
signed by the board of judges and the clerks; and before 
any other or further proceedings the president or chairman 
of the board shall make proclamation in a loud voice outside 
of the polling room, stating the number of voters so shown 
and certified on the poll-books. Thereupon, the judges 
shall, in the presence of the clerks- and inspectors above 
provided for, destroy the ballots remaining unvoted. [89 
v. 447.] 

CANVASS OF VOTES. 

(2966-39). Sec. 24. The ballot-boxes shall then be 
opened and the ballots therein shall be taken out, one at a 
time, by one of the judges, who shall read aloud distinctly, 
while the ticket remains in his hands, the name or names 
voted for thereon, except that a straight ticket may be an¬ 
nounced as such and be so counted, and then delivered to the 
second judge, who shall examine the same and pass it to the 
third judge, and so on to the fourth, who shall preserve it; 
and the same method shall be observed in respect to each of 
the tickets taken out of the ballot-box until the number 
taken out of the ballotbox is equal to the number of.names 
in the pollbooks. The clerks shall enter in separate columns 
opposite the names of the persons voted for, as provided in 
the form of tally-sheets, all the votes thus read by the 
judges. After the examination of the ballots has been com¬ 
pleted the number of votes for each person shall be enumer¬ 
ated under the inspection of the judges, and set down as 
provided in the form of the tally-sheets ; when the result of 
the ballot is ascertained it shall immediately be announced 
by one of the judges in front of the polling place, and a 
copy thereof certified by the judges and clerks posted on the 
front of the polling place, and a certified copy thereof given 
to the persons hereinafter designated as being entitled to 
be present at the counting of the votes. When all these re¬ 
quirements are complied with the judges shall, in the pre¬ 
sence of the clerks and the inspectors, destroy by burning 
the ballots so read and counted, and also any ballots re¬ 
maining in the box in excess of the number of names in 
the poll-book ; provided, however, if there are any ballots 
cast and counted or left uncounted concerning the legality 
of which there is any doubt or difference of opinion in the 
minds of the judges of election, said ballots shall not be de¬ 
stroyed, but sealed up and returned to the deputy state su¬ 
pervisors with the returns of the election for such judicial 
or other investigation as may be necessary, with a true 
statement as to whether they have or have not been counted, 
and if counted, what part and Tor whom. [90 v. 275 1 


109 


Who admitted 
to polling place, 

Certificate and 
proclamation of 
votes cast. 


Destruction of 
unvoted ballots. 


Manner of,can¬ 
vassing, enter¬ 
ing and enumer¬ 
ating votes. 


) 


Announcement 
of result, and 
certified copies 
thereof. 


Destruction of 
ballots counted 
and excess 
ballots. 


Preservation of 
disputed ballots. 


110 


BALLOT LAWS. 


Making, trans¬ 
mission and 
preservation of 
returns, tally- / 
sheets and poll- 
booics. 


Cities of the 
first class and 
first grade of 
the second 
class. 


Period during 
which judges 
and clerks shall 
not separate or 
leave polling 
place under 
penalty. 


(2966-40). Sec. 25. After canvassing the votes the 
judges and clerks shall make out the returns of the election 
and the tally-sheets therof in duplicate, signed and certified as 
required by law; one copy therof shall be immediately trans¬ 
mitted to the deputy state supervisors by the presiding judge 
or such other judge as he may designate; the other poll- 
book and tally-sheet shall be forthwith deposited with the 
clerk of the township or the clerk of the municipal corpo¬ 
ration, as the case may require, by another judge desig¬ 
nated by the presiding judge, to be preserved one year alter 
the date of such election. Such returns shall be securely 
sealed up in an envelope and addressed transversely upon 
the upper end thereof to the proper officer with whom they 
are to be deposited, with the designation of the township, 
precinct and county; provided, that in cities of the first 
class and first grade of the second class, such delivery shall 
be made as now provided by law From the time the bal- 
lot.-box is opened and the count of votes begun, until the 
votes are counted and the returns made out, signed and 
certified as required by law, and delivered to the judges se¬ 
lected for such duty for transmission, the judges and clerks 
of the precincts shall not separate, nor any judge or clerk 
leave the polling place except from unavoidable necessity, 
under penalty of a fine of not less than fifty nor more than 
one hundred dollars. [93 v. 366.] 


Penalty for 
offenses pertain¬ 
ing to printing 
or use of 
ballots. , 


Penalty for 
offenses pertain 
ing to custody 
or delivery of 
ballots, blanks, 
poll-oooks, 
cards of instruc¬ 
tion, etc. 


PRINTING FALSE BALLOT. 

(2966-41). Sec. 26. Any printer employed to print the 
official ballots, or any person engaged in printing the same, 
who shall print or cause or permit to be printed, any official 
ballots printed otherwise than according to the copy for the 
same furnished him by the said clerk or board of elections, or 
any false or fraudulent ballots, or who appropriates to him¬ 
self or gives or delivers or knowingly permits to be taken 
any of said ballots by any other person than the said clerk or 
board, or who knowingly and wilfully seals up or causes or 
permits to be sealed up or delivers to the said clerk or board, 
a less number of ballots than the number indorsed thereon; 
and any person who shall knowingly have in his possession 
any official ballot illegally obtained, or shall knowingly 
attempt to vote any other than an official ballot lawfully 
obtained, shall be deemed guilty of a misdemeanor, and be 
fined not less than two hundred and fifty nor more than one 
thousand dollars, or be imprisoned not less than thirty 
days nor more than six months or both. [89 v. 449.] 

(2966-42). Sec. 27. Any judge or clerk of election, or 
printer or other person entrusted with the custody or delivery 
of ballots, blanks, poll-books, cards of instruction or other re¬ 
quired papers, who shall unlawfully open or permit to be 
opened, any sealed package containing ballots, or who shall 
give or deliver to any person not lawfully entitled thereto, 
or shall unlawfully misplace or carry away, or shall negli¬ 
gently lose, or permit to be taken from him, or fail to de¬ 
liver, or shall, except as' in this act provided, destroy any 


BALLOT LAWS. 


Ill 


such package of ballots, or any ballot, blank, poll-book, 
card of instruction, or other required paper, shail be fined 
not less than one hundred dollars, nor more than one thou¬ 
sand dollars, or imprisoned in jail not more than one year, 
or both. [89 v. 449.] 

DESTROYING, DEFACING BALLOTS, ETC. 

(2966-43). Sec. 28. Any person who shall falsely make 
or wilfully deface or destroy any certificate of nomination, or 
nomination papers, or any part thereof, or any letter of with¬ 
drawal, or sign any such certificate or paper contrary to the 
provisions of this act, or file any certificate of nomination, or 
nomination paper or letter of withdrawal, knowing the same 
or any part thereof to be falsely made, or suppress any cer¬ 
tificate of nomination or nomination paper, or any part 
thereof, which has been duly filed, or forge or falsely make 
the official endorsement on any ballot; or shall wilfully 
deface, tear down, remove or destroy any card of instruc¬ 
tions or specimen ballot printed and posted for the instruc¬ 
tion of voters, or during an election wilfully remove or 
destroy any of the supplies or conveniences furnished to 
enable a voter to prepare his ballot, or shall wilfully destroy 
or deface any ballot, or shall take or remove or be found in 
the possession of any ballot outside of the inclosure provided 
for voting before the close of the polls, or shall wilfully hin¬ 
der or delay the delivery of any ballots, or shall wilfully hin¬ 
der or delay the voting of others, shall be punished by a fine 
of not less than one hundred dollars, and not more than one 
thousand dollars, or imprisonment in jail not more than one 
year, or by both fine and imprisonment. [89 v. 449.] 

MISLEADING VOTER—PENALTY. 

(2966-44). Sec. 29. Any judge or clerk who shall mis¬ 
lead an illiterate voter or a voter who is blind or for any rea¬ 
son unable to prepare his ballot, or who shall prepare a ballot 
for such voter otherwise than as directed by him, or who 
shall disclose to any person, except when legally required 
to do so, how such voter directed his ballot to .be prepared, 
or how he voted, shall be fined not less than one hundred 
nor more than one thousand dollars, and imprisoned in the 
jail not less than three nor more than twelve months. [89 
v. 450.] 

PENALTY — EXPOSING BALLOT, DECEIVING 
ELECTOR, ETC. 

(2966-45). Sec. 30. Any elector who shall, except as 
otherwise herein provided, allow his ballot to be seen by any 
person, with an apparent intention of letting it be known how 
he is about to vote, or shall purposely mark his ballot so it 
may be identified after it has been cast, or who shall make a 
false statement as to his inability to mark his ballot, or any 
election officer who shall deceive any elector in marking his 
ballot, or mark the same in any way than as requested 
by such elector, under the provisions of this act, or any 


Penalty for 
offenses pertain¬ 
ing to certifi¬ 
cates of nomi¬ 
nation, nomina¬ 
tion papers, let¬ 
ters of with¬ 
drawal, ballots, 
cards of instruc¬ 
tion, supplies 
for marking bal¬ 
lots, delaying 
voters, etc. 


Penalty for mis¬ 
leading voter, or 
disclosing how 
he voted. 


Penalty for 
offenses pertain- 
ing to marking 
of ballots, vot¬ 
ing etc. 


112 BALLOT LAWS. 

person who shall interfere, or attempt to interfere, with any 
elector when inside said inclosed place, or when marking 
his ballot, or shall attempt to speak or converse with any 
person while within the guard-rail, except as herein pro¬ 
vided, or who shall endeavor to induce any elector, after 
voting, to show how he has marked his ballot, shall be pun¬ 
ished by a fine of not less than twenty-five dollars nor more 
than five hundred dollars, or by imprisonment in the jail not 
r more than six months, or by both such fine and imprison¬ 

ment. [89 v. 450.] 

PENALTY FOR NEGLECT OF DUTY. 

Penalty for vio- (2960-46). Sec. 31. Any public officer upon whom a 

or wrong per- duty is imposed by this act who shall wilfully or negligently 
d°uty, an 0 C r e dfsobe- violate his said duty ; or who shall wilfully neglect to perform 
iicofficer y pub ' stlc h duty, or who shall wilfully perform it in such a way as 
to hinder the objects of this act, or who shall wilfully disobey 
any provisions of this act, shall be punished by a fine of 

not less than fifty dollars nor more than one thousand 

dollars, or by imprisonment in jail not more than one year, 
or by both such fine and imprisonment. [89 v. 450.] 
Prosecution of (2966-47). Sec. 31a. It shall be the duty of the 

prosecuting attorney of any county, upon the request of the 
state supervisor of elections, or at the instance of the deputy 
state supervisors of the county, to prosecute violations of 
this act. [91 v. 119.] 

GIVING BRIBE. 

UnakyJoje (2966-48). Sec. 32. Whoever, directly or indirectly 

by himself or through any other person, either, 

1. Gives or lends, or offers or promises to give or 
lend, or to procure or endeavor to procure, any money or 
other valuable consideration, to or for any elector, or to or 
for any other person, to induce any elector to register or 
refrain from registering for any election, or to vote or re¬ 
frain from voting at any election, or to vote or refrain from 
voting at such election for any particular person or persons, 
or question or proposition, or on account of any such elec¬ 
tor having registered or refrained from registering, or vofed 
or refrained from voting, or voted or refrained from voting 
for any particular person or persons, or question or propo¬ 
sition ; or, 

2. Gives, offers or procures or promises to procure, or 
endeavors to procure, any office, place or employment, to or 
for any elector or to or for any other person, in order to 
induce any elector to register, or refrain from registering, 
for any election, or to vote or refrain from voting at any 
election, or to vote or refrain from voting at such election 
for any particular person or persons, or questions or propo¬ 
sition ; or, 

3. Advances- or pays, or causes to be paid any money 
or other valuable thing to or for the use of any other per¬ 
son, with the intent that the same or any part thereof shall 
be used in bribery at any election, shall be fined not more 
than five hundred dollars, or imprisoned in the penitentiary 
not more than three years, or both. [89 v. 451.] 


BALLOT LAWS. 


113 


RECEIVING BRIBE. 

(2966-49). Sec. 33. Whoever, being an elector, di¬ 
rectly or indirectly, by himself or through any other person, 
receives, agrees or contracts for, before, during or after an 
election, any money, gift, loan, or other valuable considera¬ 
tion, office, place or employment, for himself or any other 
person, for registering or agreeing to register, or for refrain¬ 
ing or agreeing to refrain from registering for any election, 
or for voting or agreeing to vote, or for refraining or agree¬ 
ing to refrain from voting at any election, or for voting or 
agreeing to vote, or refraining 'or agreeing to refrain from 
voting for any particular person or persons, or proposition 
or question, at any election, shall be fined not more than 
five hundred dollars or imprisoned not more than one year, 
or both. [89 v. 451.] 

INTIMIDATING VOTER. 

(2966-50). Sec. 34. Whoever, directly or indirectly, 
by himself or through any other person, makes use of, dr 
threatens to make use of, any force, violence or restraint, or 
inflicts, or threatens to inflict, any injury, damage, harm or 
loss, or threatens to enforce the payment of a debt against, or 
to begin a criminal prosecution against, or to injure the busi¬ 
ness or trade of, or in any manner practices intimidation 
upon or against any person, in order to induce or compel 
such person to vote or refrain from voting, or to vote or 
refrain from voting for any particular candidate or candi¬ 
dates ; or if any employer of laborers, or an agent of such 
employer, whether a corporation or otherwise, does any of 
the acts aforesaid, or threatens to withhold or reduce the 
wages of, or to dismiss from service any employe, in order 
to induce or to compel such employe to vote or refrain from 
voting for any particular candidate or -candidates at any election; 
and whoever by any sort of duress, constraint or improper influence, 
or by any fraudulent or improper device or contrivance, impedes or 
prevents, or otherwise interferes with the free exercise of the elec¬ 
tive franchise of any elector, shall be fined not more than two thou¬ 
sand dollars or imprisoned in the penitentiary not more than three 
years, or both. [89 v. 452.] 

(2966-50) Sec. 34a, Any person entitled to vote at a 
general election in this state shall, on the day of such elec¬ 
tion, be entitled to absent himself from any service or em¬ 
ployment in which he is then engaged or employed for a 
period of two hours between the time of opening and 
closing the polls; and such voter shall not because of so 
absenting himself be liable to any penalty; provided, how¬ 
ever, that application for leave of absence shall be made 
prior to the day of the election; the employer may specify 
the hours during which' said employe may absent himself 
as aforesaid. Any person or corporation who shall refuse 
to an employe the" privilege hereby conferred, or shall sub¬ 
ject the employe to a penalty because of the exercise of such privi¬ 
lege,' or who shall, directly or indirectly, violate the provisions of 
this section, shall be deemed guilty of a misdemeanoV and be fined 
in any sum not less than five ($5.00) dollars nor more than one 
hundred ($100.00) dollars. [94 v. 232.] 


Penalty for re¬ 
ceiving bribe. 


Penalty for 
intimidating 
voter, or imped¬ 
ing or prevent¬ 
ing free exercise 
of elective fran¬ 
chise. 



Voter may ab¬ 
sent himself 
from employ¬ 
ment to enable 
!iim to vote. 




Penalty for 
refusing em¬ 
ploye privilege 
to vote or sub¬ 
jecting him to 
penalty. 


114 


BALLOT LAWS. 


Legislation as to 
prosecutions 
under penal 
sections. 

Competent wit¬ 
ness in prosecu¬ 
tions for bri¬ 
bery, intimida¬ 
tion, or imped¬ 
ing or pre- 
A’enting free ex¬ 
ercise of elect¬ 
ive franchise. 


Forfeiture of 
office for giving 
bribe. 


Disfranchise¬ 
ment for re¬ 
ceiving bribe, 


Compensation 
ot judges and 
clerks of elec¬ 
tion. 


Cities having 
registration. 


Duties of boards 
of elections in 
counties con¬ 
taining cities of 
the first class 
and first grade 
of the second 
class. 


Powers and 
duties of board- 
in counties con 
taining cities o! 
the second class, 
other than cities 
of the first 
grade of the 
second class. 


OFFENDER COMPELLED TO TESTIFY. 

(2966-51). Sec. 35. Prosecutions under all the penal 
sections of this act and of the Revised Statutes pertaining to 
the conduct of elections, must be commenced within six 
months after the commission of the act complained of. A 
peron offending against any provision of sections 32, 33 and 
34 of this act is a competent witness against another person 
so offending, and may . be compelled to attend and testify 
upon any trial, hearing or investigation, in the same man¬ 
ner as any other person. But the testimony so given shall 
not be used in any prosecution or proceeding, civil or criminal, 
against the person so testifying. A person so testifying shall not be 
liable thereafter to indictment, prosecution or punishment, for the 
offense with reference to which his testimony may be given, and may 
plead or prove the giving of testimony accordingly, in bar of such 
indictment or prosecution. When a person is convicted of any of¬ 
fense described in section 32 of this act, he shall, in addition to the 
punishment therein prescribed, forfeit any office to which he may 
have been elected at the election with reference to which such offense 
was committed, and when a person is convicted of any offense men¬ 
tioned in section 33 of this act, he shall, in addition to the punish¬ 
ment therein prescribed, be excluded from the right of suffrage for a 
period of five years after such conviction. [89 v. 452.] 

COMPENSATION OF JUDGES AND CLERKS. 

(2966-52). Sec. 36. The judge of election called by the 
deputy state supervisors to receive and deliver ballots, poll- 
books, tally-sheets and other required papers, shall receive two 
dollars for such service, and in addition thereto mileage at the 
rate of five cents per mile to and from the county seat if he live one 
mile or more therefrom. The judge of the election carrying the re¬ 
turns to the deputy state supervisors shall receive like compensation. 
Judges and clerks shall each receive as compensation the sum of 
three dollars for their services for each election day; provided, how¬ 
ever, that in cities where registration is required the compensation 
shall remain as now fixed by law, except that the chairman elected at 
the meeting for organization shall receive one dollar for calling for 
the sealed package of ballots. [92 v. 134.] 

DUTIES OF BOARD OF ELECTIONS IN CERTAIN 

COUNTIES. 

(2966-53). Sec. 37. In counties containing cities of the 
first class, and first grade of the second class, the election pre¬ 
cincts of the county outside of the city shall be held and 
deemed to be an election precinct of the city for the purpose of 
conducting elections under this act, and the board of elections 
heretofore provided for such cities by section 29266 of the Revised 
Statutes, shall, in their respective counties perform the duties im¬ 
posed upon the deputy state supervisors by this act. In counties con¬ 
taining cities of the second class', other than cities of the first grade 
of the second class, the boards of elections heretofore provided for 
such cities, shall have the power and be subject to the duties pre¬ 
scribed in section twenty-nine hundred and twenty-six of the Revised 
Statutes, and supplemental sections as heretofore amended, except 
that all the returns of the November election shall, in such counties, 
be made to the deputy state supervisors as provided by 
law; and in addition thereto, such boards shall, in 
the conduct f of municipal elections, have all the pow¬ 
ers and duties and be subject to all the provisions, penalties 
and requirements of the deputy state supervisors prescribed 



BALLOT LAWS. 


115 


in this act. In all counties other than counties containing 
cities of the first class, and first grade of the second class, 
in or for which there is or may be established a board of 
elections, or deputy supervisors of elections or other'officer 
or officers, whose duty [it] is to receive and canvass the re¬ 
turns of the elections in and for such county or counties, 
and transmit abstracts thereof, such board or deputy super¬ 
visors, or other officer or officers shall in their respective 
counties, in the conduct of elections have all the powers 
and perform all the duties conferred and imposed by this 
act and be subject to the provisions, penalties and require¬ 
ments herein; provided, that in the consideration and de¬ 
cision of the objections and questions arising in the course 
of a nomination for an officer of a circuit or district com¬ 
posed of more than one county, the chief deputy supervisor 
or presiding canvassing officer of the county shall act for 
his associates. Judges and clerks appointed for the several 
precincts of a county by such boards of elections or deputy 
supervisors or other officer or offic^rs^ shall serve as such 
in the conduct of all elections under this act and shall per¬ 
form all the duties and exercise all the powers and be sub¬ 
ject to all the penalties imposed, conferred or prescribed 
by this act upon judges and clerks of elections. [93 v. 367.] 

COMMISSION AND CERTIFICATES OF ELEC¬ 
TION. 

Sec. 83. Each judge of the supreme court, circuit 
court, court of common pleas and probate court, state offi¬ 
cer, county officer, militia officer and justice of the peace, 
and each officer whose office is created by law, and not oth¬ 
erwise provided for, shall be ineligible to perform any of the 
duties pertaining to such office, until he shall receive from 
the governor a commission to fill such office, upon produc¬ 
ing to the proper officer or authority a legal certificate of his 
being duly elected or appointed ; and each of the officers 
above named, except militia officers and notaries public, 
who receives for the discharge of his official duties any fee, 
compensation or salary shall, before he shall be entitled to 
receive such commission pay to the secretary of state for 
the making out, recording and forwarding thereof a fee of 
five dollars, excepting each justice of the peace, who shall 
pay two dollars; and as soon after any election for any of 
the offices above named as the result shall have become offi¬ 
cially known to them, the city board of elections or the 
deputy state supervisors of elections of each county in this 
state shall, upon payment to them by each such officer of 
the fee above prescribed, immediately forward by mail to 
the secretary of state a certificate of election of each such 
office, together with the fee paid to them by such officer, 
which fee shall be covered into the state treasury for the 
use of the general revenue fund, and thereupon the gover¬ 
nor, upon the filing of such certificate with the secretary 
of state, accompanied with the fee aforesaid, shall issue the 
proper commission to such officer and forward the same to 
the clerk of the court of common pleas, who shall deliver 
the same to such officer. [92 v. 211.] 


Powers and 
duties of boards, 
deputy supervis¬ 
ors or other 
officers in coun¬ 
ties other than 
those contain¬ 
ing cities of the 
first class and 
first grade of 
the second 
class. 


When chief dep¬ 
uty or presiding 
canvassing 
officer to act for 
associates. * 


Judges and 
clerks appoint¬ 
ed by such elec¬ 
tion officers. 


Commissions 
and certificates 
of election of 
officers; fees. 



116 


REGISTRATION LAWS OF OHIO. 


REGISTRATION LAWS OF OHIO. 


((Applicable to Cincinnati, Cleveland, Columbus, Toledo, Dayton, Youngstown, 
Springfield, Akron, Canton, Zanesville, Sandusky, Hamilton, Newark, Mans¬ 
field, Steubenville, Portsmouth and Chillicothe, cities of a population of not 
less than nine thousand at the federal census of 1880 (86 v. 289) and to Find¬ 
lay, to which city the provisions were extended by the enactment of Sec. 
2926 hk (88 v. 511) and to Hast Liverpool bv 95 v. 85. 


Election pre¬ 
cincts. 


Registration 
required of 
voters. 


Board of elec* 
tions; how 
constituted. 


Void vote. 


Removals. 


Sec. 2926. In cities of the first, third and fourth grades 
in the first class, and in cities of the second class, when six 
hundred votes or more have been cast at the last preceding 
election in any ward, or in any precinct in any ward, such 
ward or election precinct shall be divided by the board of 
elections hereinafter provided for, into two or more election 
precincts, so as to limit the number of votes in each ward or 
precinct to three hundred, as nearly as may be practicable. 
And from time to time the said board shall rearrange, sub¬ 
divide or combine precincts thereafter as often as it may 
deem such action necessary. And in cities of the second 
grade in the first class, the. board of elections thereof may 
divide, combine or rearrange any ward or election precinct 
so as to secure the convenience of electors and the prompt 
and correct conduct of elections. [86 v. 281.] 

Sec. 2926a. In cities of the first and second class, no 
person shall be deemed or held to have acquired a legal resi¬ 
dence in any ward or election precinct for the purpose of 
voting therein at any election, general or special, nor shall 
he be admitted to vote at any election therein unless he shall 
have caused himself to be registered as an elector in such 
ward or precinct, in the manner and at the time hereinafter 
required. [86 v. 281.] 

Sec. 29266. In all cities of the first and second class,, 
the board of elections to consist of four electors of such city 
of well known intelligence and integrity, two of whom 
shall belong to each of the two leading political parties, 
shall be appointed by the mayor. Successors to the two 
members of existing boards of election whose terms shall 
first expire shall be appointed on the first Tuesday after 
the second Monday in April after the expiration of the 
term for which they were appointed, to serve for a term 
of four years from the date of their appointment, and 
thereafter, biennially, on the first Tuseday after the second 
IMonday in April, two members of different leading political 
parties shall be appointed to serve for four years" from the 
date of their appointment. No person shall be appointed 
or be a member of such board, who holds an office under the 
United States, the State of Ohio, except notaries public, or 
of such cities, or the county in which such city is situated, 
or who is employed in any department of such city or 
county, or by any officer, of such city or county; and all 
votes cast at any election for any person who is, or within 
three months next preceding such election, has been a 
member of such board, shall be absolutely void. For mis¬ 
conduct or neglect of duty, such mayor may remove any 
member of such board for sufficient cause upon charges 
having been preferred in writing, and after a public hearing 




REGISTRATION LAWS OF OHIO. 

thereon. And any vacancy which may occur in such board 
by the death, resignation, removal or disability of any of 
its members, shall be filled by appointment by such mayor, 
for the unexpired term of such vacancy or vacancies, and so 
that each of the two leading political parties shall always 
have an equality of representation in the said board, or 
as near as may be. Provided, that the members and secre¬ 
tary of the boards existing at the time of the passage of 
this act shall continue in office until the expiration of the 
term for which they were appointed and until their suc¬ 
cessors are appointed and qualified, as provided in this act, 
unless removed for cause as provided by law. A secretary 
of such board shall be appointed by the members thereof, 
at the expiration of the term of the secretary now in office, 
who shall be an elector of such city fully qualified for such 
place, and who shall serve the same for a term of four 
years; but he may, for official misconduct, be removed by 
the board; the board shall appoint his successor for the 
same term of years, and in case of death, resignation or 
removal of the secretary shall fill the vacancy for tlie unex¬ 
pired part of such term. The secretary shall, subject to 
the control of the board of elections, keep a full and true 
record of their proceedings, file and preserve in their office 
all orders, rules and regulations in any wise pertaining to 
the administration of registration and elections; prepare 
and furnish, under the orders of such board, all the reg¬ 
isters, lists, books, maps, forms-, oaths, certificates, in¬ 
structions and blanks, for the use and guidance of regis¬ 
trars, judges and clerks of elections, and the .board of can¬ 
vassers; provide for timely furnishing of such officers there¬ 
with, and with all the necessary supplies provided for 
them; to receive and keep close custody of all the registers 
and copies returned to such office as provided herein, and 
of all records, papers and certificates of every kind relating 
to the office, or administration of such board of elections; 
he shall also have the care of the ballot boxes while depos¬ 
ited at the office of such board' of elections; and he shall 
perform all such other or further duties, pertaining to such 
office and affairs as shall be prescribed by such board. 
The board of elections shall have a sufficient and suitable 
office and rooms for the purpose herein required, which 
shall be in charge of their secretary and shall be kept open 
daily, 'except Sundays and legal holidays, in cities of the 
first and second grades in the first class, and at such time 
as the board of elections may require in cities of the third 
and fourth grades in the first class, and first, second, third 
and fourth grades, in the second class. Each member of 
the board of elections and the secretary, shall before enter¬ 
ing upon the discharge of their office, take and subscribe 
an oath to support the constitution and laws of the United 
States, and the State of Ohio, and faithfully discharge the 
duties of their office, and to make their utmost endeavors 
to secure fair and honest elections, which 4 oath shall imme¬ 
diately be filed in the office of the city clerk of such city 
and be preserved by him. [94 v. 202.] 


117 


Vacancies. 


Secretary; his 
duties, etc. 


Office of board. 


118 


REGISTRATION LAWS OF OHIO. 


Organization of 
board; its gen¬ 
eral powers and 
duties. 


Rules and regu¬ 
lations. 


Division of pre¬ 
cincts. 


Assistant secre¬ 
taries. 


Salaries and ex¬ 
penses; how 
paid. 


Sec. 2926c. The members of the board of elections shall 
meet within ten days after their appointment, at the mayor’s 
office of such cities in section 2926a provided, and organize 
by electing one of them president by ballot, and they shall 
also at that time elect a secretary as provided in section 2926 b 
of the Revised Statutes. If they fail to do so within two 
hours after meeting, the president and secretary shall then 
be chosen by lot. No order, resolution, or action of such 
board shall be valid without the vote of three of the four 
members. Such board shall appoint all registrars of elec¬ 
tions, judges and clerks of election and other clerks, officers 
and agents herein provided for, and designate the ward or 
precinct in which each shall serve. They shall also appoint 
the places of registration of electors, and holding elections 
in each ward or precinct, and hire suitable rooms for such 
purpose and for their own office, at such rents as thev deem 
just; they shall also provide the necessary and proper fur¬ 
niture and supplies for such rooms, and for the purchase, 
preservation and repair of all ballot-boxes necessary for use 
at elections in such city, and all books, blanks and forms nec¬ 
essary for the registration's and elections herein designated, 
and for duly issuing all notices, advertisements or publica¬ 
tions required by law. The board may, from time to time, 
make and issue all such rules, regulations and instructions, 
not inconsistent with law, as they shall deem necessary for 
governing or guiding their secretary and his deputy or 
assistants, and the registrars of electors and judges, and 
clerks of elections, or other persons under their control in 
the proper discharge of their respective offices and duties. 
They shall divide, define and proclaim the election precincts 
of such city, authorized in section two thousand nine hun¬ 
dred and twenty-six, and the boundaries thereof, and provide 
for furnishing to each registrar of electors and judges of elec¬ 
tions a map and pertinent description of such division and 
boundaries, and of any changes which from time to time are 
made by them. When necessary, in cities of the first and 
second class, they may employ a deputy and one or more 
clerks as temporary assistants of their secretary, at a salary 
not to exceed the rate of one hundred dollars per month, 
and prescribe their duties. The period for which they are 
employed must always be fixed in the order authorizing 
their employment, but they may be discharged sooner, at 
the pleasure of the board. Such deputy secretary and all such 
assistants, shall take the oath above described. [87 v. 360.] 
Sec. 2926d. The cost and charge of the salaries of 
members of such board of elections in any such citv, and of 
the secretary and his deputy and assistants, and all neces¬ 
sary expenses of the board for the purposes herein author¬ 
ized, and the lawful compensation of all registrars of elec¬ 
tors, and judges and clerks of elections, appointed by such 
board, and the necessary cost of the registrars' [registers] 
and poll-books, or other books, blanks, forms, stationery 
and supplies to be provided by said board of elections for the 





REGISTRATION LAWS OF OHIO. 


119 


purposes herein authorized, and the cost of the rent, furnish¬ 
ing and supplies of all rooms hired by the said board for their 
offices and as places for the registration of electors and hold¬ 
ing of elections, and for the purchase, repairs and preserva¬ 
tion of the ballot-boxes, shall be borne and paid, by any 
such city out of its general fund, upon vouchers of such 
board certified by its president and secretary, specifying in 
every voucher the actual services, items ol supplies, and 
prices and rates in detail, which shall be allowed by the city 
comptroller, or city auditor, and in cities having no such 
comptroller or auditor, by the city clerk, and upon his war¬ 
rant paid by the city treasurer of any such city. [86 v, 281.] 
Sec. 2926c. On or before the first day of September, 
annually, the board of elections shall appoint for each and 
every election precinct, in any such city, two electors of 
such city to act as registrars of the electors, and also as 
judges of election in such precinct. And on or before the 
first day of October, annually, the said board shall appoint 
two additional judges of elections and two clerks of elec¬ 
tions for each and every precinct in any such city. Such 
registrars, judges and clerks of elections shall each hold 
their appointment for one year, unless sooner removed by 
the board of elections, and must be electors of any such 
city, and able to read and speak the English language un- 
derstandingly and write it readily and fairly, and each shall 
take the oath of office hereinbefore prescribed, which may 
be administered by the secretary or any member of such 

board, and shall be filed in the office olf such board. All 

persons selected by said board for either of said appoint¬ 
ments shall appear before said board at their office after 

twenty-four hours’ notice, either served personally^ or left 
at their usual place of residence for examination as to their 
qualifications before being appointed; any elector of such 
city so selected who shall fail to appear before said board 
as required by law, or any elector of such city so appointed 
to act as registrar, judge or clerk of elections therein, whp 
shall refuse or neglect to take and subscribe the oath of 
office, unless excused by said board, or any registrar, who 
shall, after being duly appointed, fail to be at the place 
designated for registration in his precinct during the hours 
set for the registration of electors, or who shall fail to de 
posit the registers at the office of the board of elections in 
accordance with the provisions of section 2926/ of the Re¬ 
vised Statutes, or who shall fail to post the printed lists as 
required by section 2926/ of the Revised Statutes, or any 
person who shall wilfully mar, damage or destroy any regis¬ 
ters or portion thereof, shall be fined not more than one 
hundred dollars ($100.00) nor less than twenty-five dollars 
($25.00), or imprisoned in the county jail not more than fif¬ 
teen days, or both, in the discretion of the court. Neither 
the two registrars for any precinct, nor the two clerks of 
election, shall be of the same political party. Nor shall 
more than two of the four judges of election for any pre¬ 
cinct be of the same political party. Appointments of such 
officers for every precinct shall be made so as in good faith 
to secure equal representation of political parties, if prac- 


Appointment of 
registrars, 
judges and 
clerks. 


Term. 


Qualifications. 


Oath. 


Appearance for 
examination. 


Failure to 
appear. 


Refusal or neg¬ 
lect to qualify. 

Failure of regis¬ 
trar to perform 
duties. 


Damage or de¬ 
struction of 
registers. 

Penalties. 


Equal represen¬ 
tation of poet¬ 
ical parties. 


120 


REGISTRATION LAWS OF OHIO. 


Removals and 
vacancies. 


Substituted 
judges and 
clerks. 


Notice of ap¬ 
pointment of 
substitutes. 


Certificates of 
appointment as 
registrars, 
judges and 
clerks. 


Exemption 
from jury and 
military duty. 


Minute of 
removal. 


Powers and 
dpties of regis- 
:rars and judges 
as peace officers. 


Preventing vio¬ 
lence and dis¬ 
order, etc. 


ticable. Any vacancy in the office of registrar, or of a judge 
or clerk of elections, shall be filled by said board of elec¬ 
tions, and either or any of such officers may be summarily 
removed from office by such board at any time for neglect 
of duty, malfeasance or misconduct therein. And in all 
cases the last appointment to either of such offices for any 
precinct shall be recognized [as] valid. If any clerk of elec¬ 
tions fails to attend at the opening of the polls on the day 
of any election, or shall, during the election, by any cause 
become disabled or unfit to act in entering, enumerating or 
certifying the ballots, the judges of election, or a majority 
of them, may summarily remove him, and the two judges 
of the same political party as such clerk shall fortwith ap¬ 
point another competent elector of any such city to act in, 
his place, and administer to him the oath of office above pre¬ 
scribed; if any judge of election fails to attend at the open¬ 
ing of the polls on the day of election, or for any cause, by 
decision of the other three judges, shall become disabled 
or unfit to act in receiving and enumerating the ballots and 
certifying the result of the election, the other judge of the 
same political party shall at once appoint another compe¬ 
tent elector of any such city to act in his place, and admin¬ 
ister to him the oath of office above prescribed. Provided, 
that notice of such appointment of judge or clerk be im¬ 
mediately sent by the judge making such appointment to 
the board of elections, and such person so appointed shall 
not perform any of the duties of his office until the notice 
has been sent to the board. The person so appointed to act 
temporarily as judge or clerk shall perform the duties of 
the office after the sending of said notice, until the board 
shall confirm said appointment or appoint another for said 
office. Whoever shall be appointed as registrar, judge or 
clerk of -elections by the board of elections, shall receive 
from the board a certificate of appointment, which may be 
revoked at any time by the board; said certificate to be in 
such form as may be prescribed by the board, and to specify 
the precinct and ward of the city in and for which the per¬ 
son to whom the same is issued is appointed to serve, the 
date of appointment, and the expiration of his term of 
office. Registrars, judges and clerks of election during the 
time they hold such certificate of appointment, and [as] 
such officers shall be exempt from the performance of mili¬ 
tary and jury duty. And immediately upon such a removal 
of a clerk or judge, and filling the vacancy as above pro¬ 
vided for, a brief note of the proceedings shall be entered 
in the poll-books and subscribed by the judges so acting, 
and specially stating the cause of such removal. [89 v. 
157.] 

Sec. 2926Z 7 . All registrars and judges of elections, 
while exercising their office under this or any other law 
regulating elections, shall have full power and authority, 
and are hereby required to enforce the peace and good or¬ 
der and obedience to their lawful commands for such ends 
at and about the places of registration and of holding elec¬ 
tions. They shall especially keep the access of electors to 
the polls open and unobstructed, prevent and suppress all 
riot, violence, tumult and disorder, and also any and all 


REGISTRATION LAWS OF OHIO. 


121 


improper practices or attempts tending to obstruct or in¬ 
timidate electors from a free exercise of their free right to 
vote, or tending to disturb or interfere with the free and 
peaceful registration of electors, or counting and certifying 
the result of an election. They shall also protect the clerks 
of the election and the witnesses and the challengers desig¬ 
nated to attend the election as herein provided for, from any 
violence, interference or molestation • during the receiving 
and enumeration of ballots. And they shall at all haz¬ 
ards be bound to preserve and secure the registers, poll- 
books, ballot-boxes and ballots at every election from vio¬ 
lence, fraud or tampering. To enforce the provisions of 
this section, the officer or authority having command of the 
police force of any such city, shall promptly, on the requisi¬ 
tion of such board of elections, detail for service at the poll¬ 
ing place in any precinct of such city, such force as such 
board may deem necessary, and on every day of elections 
shall have a special force in readiness for any emergency. 
During the receiving and counting of the ballots or regis¬ 
tering of electors, no person shall congregate or loiter with¬ 
in one hundred feet of the polling place oTany election or 
place of registration of electors, or in any manner hinder 
or delay any elector in reaching or leaving tlje place fixed 
for registration or casting his ballot, or within such dis¬ 
tance of one hundred feet to give or tender or exhibit any 
ballot or ticket to any person .other than a judge of elec¬ 
tion, or to exhibit any ticket or ballot which he intends to 
cast, or solicit or in any way attempt to influence any elec¬ 
tor in casting his vote. In the discharge of their duties, 
the judges i of elections may, if necessary, appoint and re¬ 
quire any elector or electors to aid them in making known 
their orders or directions and in enforcing the peace. The 
judges of election, or any of them, or any registrar, may 
order the arrest of any person violating this section, but 
such arrest shall not prevent such person from voting or 
registering if he is entitled to so do. The sheriff and all 
constables, policemen, and officers of the peace, and all by¬ 
standers at any election, shall immediately obey and aid in 
enforcing any and every lawful order made by the judges 
at any election in execution of the provisions of this sec¬ 
tion. Any person wilfully refusing or neglecting to per¬ 
form any of the duties by this section prescribed, shall be 
fined not less than twenty dollars nor more than one thou¬ 
sand dollars, or imprisoned in the county jail not less than 
thirty days nor more than one year, or both. [83 v. 213.] 
Sec. 2926g. On or before the first day of September 
annually, the secretary, under the direction of the board of 
elections shall, in any city of the second class, in which reg¬ 
istration is required, as provided in section 2926, prepare 
and furnish to the registrars so appointed for each precinct 
in any such city, duplicate lists of all electors so registered 
in such precinct at the last general registration, together 
with such new and additional ones as may have registered 
at any election subsequent to the such general registration, 
with sufficient blank space for new electors to be registered 
therein, excepting that every fourth year, when a general 


Guarding regis¬ 
tration and 
count. 
Protecting 
challengers and 
clerks. 


Securing poll- 
books, ballots, 
etc. 


Duty of police. 


Loitering near 
polls. 


Hindering 

electors. 


Soliciting votes, 
etc. 


Power to re¬ 
quire aid. 

To order arrests. 


Who shall obey 
and aid them. 


Penalty for 
refusal. 


Duplicate lists 
of electors to be 
furnished regis¬ 
trars. 


Exceptions. 


REGISTRATION LAWS OF OitlO. 


registration is required, as provided in section 29 2Sh. And 
the board shall, on or before the first day of September an¬ 
nually, in cities of the first class, in which yearly registra¬ 
tion is required, procure and have at their office, duplicate 
books for each and every election precinct, in any such citv 
for the registration of electors therein, and which shall be 
styled and known as “registers of electors”. Each register 
shall contain space and ruled lines for at least seven hun¬ 
dred names, and be arranged and ruled in parallel columns, 
with printed headings, in the following order: Number 
(consecutively), full name, age, term of residence, nativity, 
how long resident in precinct, in state, when naturalized, 
court, married or single, date of registration, sworn, sig¬ 
nature, remarks; and the rulings and headings of each 
page of the register shall be according to the following dia¬ 
gram enlarged: 


REGISTRATION LAWS OF OHIO. 


123 



And it shall be the duty of the registrars of each and {Jjjy of re s is * 
every precinct in any such city to apply, on Wednesday in 
the fourth week before the November election, annually, 
for the lists and registers aforesaid, and the map of their 
precinct, and such printed instructions for the discharge of 
their duties as may be lawfully prescribed by such board. 

[87 v. 361.] 




























124 


REGISTRATION LAWS OF OHIO. 


Days for regis* 
tration. 


When secretary 
to act as regis¬ 
tering officer. 


Registration by 
secretary of per¬ 
sons who will 
be necessarily 
absent during 
registration. 


Application for 
registration by 
mail to secre¬ 
tary. 


Affidavits. 


Sec. 2926A. The days for the general registration of 
electors in cities of the second class, and for the additional 
yearly registration of new electors herein required in such 
cities, and also the yearly registration herein required in 
cities of the first class, and also the yearly registration herein 
required in cities of the first grade of the second class, in the 
several precincts in every such city, shall be Thursday in the 
fourth week, Thursday in the third week, Friday and Satur¬ 
day in the second week next before the day of the general 
election in November in each year. Between the first day of 
September and the day preceding the first of the days above 
prescribed for the general registration, and no longer, the 
secretary of the board of elections shall act as registering 
officer in the following cases only: Any person, resident of 
such city, who will be lawfully entitled to vote therein at the 
next succeding election in November, may go before such 
secretary, at the office of such board, and on making and 
subscribing an oath or affirmation before him that he will 
necessarily and unavoidably be absent from such city on all 
the days appointed or allowed by this section for the general 
registration of electors by the registrars of the precinct in 
which he resides, specifying the same, and more than fifty 
miles distant therefrom, the secretary, if satisfied, shall there¬ 
upon file such affidavit and make registration of such person 
in the registers of such precinct, on compliance of such appli¬ 
cant with the foregoing requirements of this section for 
general registration, and his signature to the statement pre¬ 
scribed, and no further registry of such applicant shall be 
necessary; any elector of such city who is absent therefrom, 
and without the county in which it is situated, and more 
than fifty miles distant from such city, may appear before 
any judge or clerk of any court of record, or notary public, 
or, if in foreign country, before any minister, consul or 
vice-counsul of the United States, and make and subscribe an 
affidavit to his residence, specifying in what precinct and 
that he will be necessarily and unavoidably absent from such 
city on all the days allowed or appointed by this act for the 
general registration of electors by the registrars in such pre¬ 
cinct, and answering and setting forth accurately each ana 
all the matters herein required to be set forth in the registry 
of electors, and forward such affidavit, duly authenticated as 
above, by mail,under an envelope addressed to the “secre¬ 
tary of the board of elections” of such city, the same, if re¬ 
ceived by such secretary between the days above appointed 
for his acting as registrar, shall entitle such applicant to be 
entered by the secretary in the proper register of such pre¬ 
cinct ; and in place of the signature of such elector, the word 
“affidavit” shall be inserted, and no further registry of such 
applicant shall be necessary; such affidavit and envelope 
shall be filed and preserved in such office; but no such affi¬ 
davit shall be allowed by the secretary unless the officer 
before whom it is made shall certify that the affiant is per¬ 
sonally known to him to be the person he represents him¬ 
self to be, or proven so to be by a creditable person known to 
him, and whose name and full address must be stated in 



REGISTRATION LAWS OF OHIO. 


125 


such certificate. Any such affidavit of an absent elector, 
which shall be received by such secretary on or after the first 
of the days herein appointed for general registration by the 
registrars, shall be transmitted by him immediately to the 
registrars of the proper precinct, and they shall be authorized 
to register the applicant as above directed, and shall preserve 
such affidavit; provided, that in any case where application 
for registration is thus made by affidavits forwarded by mail, 
if the secretary or registrars, as the case may be, are not sat¬ 
isfied that such applicant is a resident of the precinct so spec¬ 
ified, or that he will be entitled to vote on the day of the next 
election, the word “challenged” shall be entered into the 
register oposite his name, and in the column for “remarks,” 
and such affidavit and envelope transmitted to the judges of 
election; and such aplicant, if he appear, shall be required 
to establish his residence and qualification before voting. 
On, the day preceding the first of the days herein appointed 
for the general registration the secretary of the board of elec¬ 
tions, shall, in each and every register in which he has entered 
any registration of electors, as in this section provided, close 
the same by drawing double lines across the page with ink, 
immediately below the last name registered by him, and add 
the words, “close of registration by the secretary,” and shall 
thereunto subscribe his name and office. A general registra¬ 
tion of all electors of all cities of the second clas$, except 
cities of the first grade of the second class, as provided in 
section 20260 , shall only be had at each and every presiden¬ 
tial election, at the times and upon the days hereinbefore 
specified; but in cities of the first grade of the second class 
there shall be had such general registration of all electors 
ot such cities annually, at the times and upon the days prior 
to each general election herein above specified, and there 
shall also be a general registration of all the electors of such 
cities of the first grade of the second class on the fifteenth, 
twenty-second, twenty-third and twenty-fourth days of 
March, one thousand eight hundred and ninety-four, and 
during the hours provided by law for the regular annual reg¬ 
istration; provided, however, that the printed lists of the 
electors who shall register at such special general registra¬ 
tion on said days of March, one thousand eight hunded and 
ninety-four, shall be dispensed with, and that in regard to 
April or other public elections, other than state, that shall be 
held in said cities of the first grade of the second class sub¬ 
sequent to the April election of the year one thousand eight 
hundred and ninety-four, said cities of the first grade of the 
second class shall be governed by the subsequent provisions 
of this section, as far as the same are applicable; and at all 
other state, April or any other public elections, those electors 
who have been duly registered at such general registration 
as herein provided, and have not removed from the precinct 
in which they then registered at said general registration in 
any such city, shall not be required to register; but at such 
state, April or any other public elections, at the times here¬ 
inbefore provided for registration days, only those electors 
of any such city shall be required to register, as may be new 


Transmi'tal of 
affidavits to 
registrars. 


Entry of “chal¬ 
lenged” on 
register. 


Close of regis¬ 
tration by sec¬ 
retary. 


General regis¬ 
tration in cities 
of the second 
class; Colum¬ 
bus. 


Registration of 
new electors or 
electors moving 
into precinct. 


126 


REGISTRATION LAWS OF OHIO. 


Removal certifi¬ 
cates. 


Duties of regis¬ 
trars. 


-Certain statutes 
concerning reg¬ 
istration of 
electors made 
applicable to 
certain city 
(Findlay). 


Board of elec¬ 
tions; appoint¬ 
ment and organ¬ 
ization of, etc. 


electors, or who have moved into any precinct of any such 
city, since any general, state or April registrations, and have 
not been registered therein, excepting that at such April or 
public election other than presidential and state, such- regis¬ 
tration shall take place on Friday and Saturday in the second 
week before any such election. And if any elector removes 
from the precinct in which he has so registered into another 
precinct of the city in which he resides, he shall apply in 
person to the registrars of the precinct in which he has so 
registered for a “removal certificate," as provided by section 
2926/?. Within a sufficient time previous to any such state, 
April or other public -election, it shall be the duty of the 
registrars of each and every precinct in any such city to 
obtain the preceding register made by them from the board 
of elections, and attend at the v place in such precinct ap¬ 
pointed for the registration of electors at the times herein¬ 
before provided, and receive applications for registration by 
such qualified electors residing therein as are not already 
registered at the last preceding general registration; it shall 
further be the duty of such registrars to take all such pre¬ 
ceding registers of their respective precincts, so required to 
be furnished them by section 2926g of this act, and make a 
thorough canvass of their respective precincts, for the pur¬ 
pose of ascertaining whether or not any of the electors so 
registered have removed or died, and shall make a report of 
their proceedings, carefully noting any and all changes 
found, together with such additional names of electors reg¬ 
istered b v them, to the board of‘elections. [91 v. 36.] 

Sec. 2926 hh. Provided further, that the provisions of 
said section 2926// and all other sections of the statutes of 
the state of Ohio concerning and regulating the registration 
of electors and the holding of elections and voting in cities 
of the second class in said state, be and the same are hereby 
extended to and made applicable to any city or cities in 
said state having at the last federal census a population of 
eighteen thousand five hundred and fifty-three (18,553), and 
that in such city or cities where no registration of such 
electors in such city or cities has heretofore been made under 
the provisions of the registration laws of said state now in 
force therein, the mayor of such city or cities, shall imme¬ 
diately on the passage of this act proceed to appoint a board 
of elections as provided in section 2926// of said statutes as 
amended April 28th, 1890. Said board of elections shall 
immediately after their said appointment meet and organize 
and proceed to appoint a secretary, registrars of elections, 
judges, clerks of elections and such other clerks, officers and 
agents as are now provided for by the registration laws of 
said state applicable to a general registration of electors in 
cities of the second class in said state, and appoint times 
and places for such registration, and provide suitable rooms, 
furniture, blanks and all other things now authorized to be 
provided for the registration of electors in said cities of the 
second class, and make all the needful rules and regulations, 
and furnish all needed ballot-boxes, ballots, blanks, papers 
and all such other materials, and appoint all such assistants, 



REGISTRATION LAWS OF OHIO. 127 

employes and officers as may be necessary to carry out the 
provisions of said statutes as to elections in said cities of the 
second class and make the same applicable to a city or cities 
having the population aforesaid in said state, and in all 
respects enforce the laws governing the same, so that all 
laws now in force applicable to the registration of electors in 
cities of the second class in said state and the way and man¬ 
ner of voting at any general or special election in said state 
shall be and the same hereby are extended to and made and 
declared to be in full force and effect as to any city or cities 
m said state having a population of eighteen thousand five 
hundred and fifty-three (18,553) as ascertained by the last 
federal census as aforesaid. Provided further, that fof the Da y s^appomtea 
purpose of carrying out the provisions of this supplemental for Aprffeiec” 
section of said statutes in the year 1891, Thursday the 12th, tlon in 1891, etc - 
and Thursday the 20th day of March, and Thursday the 2d 
day of April, 1891, and none other, be and the same are 
hereby designated and appointed as days for general regis¬ 
tration of electors for the April election in that year in the 
city or cities of said state having the population aforesaid’ 
according to the census aforesaid ; at which times and places 
said board of elections and the officers, employes and others 
appointed by them under the provisions of said statutes 
shall proceed to do and perform all and singular such acts, 
provide such means and facilities for the registration of 
electors in the several wards and precincts of such city or 
cities as are required to be done under the provisions of the 
statutes now in force for the registration of electors in cities 
of the second class during the month next preceding the 
November election in each presidential year, and in all 
respects the elections to be held in April, 1891, in such city, 
or cities having a population of eighteen thousand five, hun¬ 
dred and fifty-three (18,553) as aforesaid, shall be conducted 
as provided by the laws now in force prescribing the manner 
of conducting and regulating general and special elections 
in cities of the second class in said state, and no person shall 
be permitted to vote at any general or special election in any 
election ward or precinct in such city or cities unless he shall 
have caused himself to be registered as an elector in such 
ward or precinct in the manner and at the times and places 
required by this supplemental act and the statutes pertaining 
to registration and voting in cities of the second class in said 
state, and provided further, that the provisions of this sup¬ 
plemental act shall be and remain in full force and effect 
until after the presidential election of 1892, and after said 
election only to the extent and in the manner hereafter pro¬ 
vided ; and provided further, that on Thursday in the fourth 
week, Thursday in the third week, Friday and Saturday in 
the second week next before the day of the general elec¬ 
tion in November next, a general registration of electors 
in said city or cities shall again be had in accordance with 
the provisions of this supplemental section and other laws 
pertaining to registration in cities of the second class in said 
state; and the mode of conducting such election shall be in 
all respects as now prescribed by law for conducting elec- 


How long act 
shall remain in 
force. 


Days appointed 
for registration 
for November 
election in 1891. 


128 


REGISTRATION LAWS OF OHIO. 


Registration 
for election in 
April, 1892. 


Registration for 
election in No¬ 
vember, 1892, 
etc. 


Certain statutes 
not affected by 
this act. 


Hours for gen¬ 
eral registra¬ 
tion. 


Mode of making 
registration. 


Receipt of appli¬ 
cation for regis¬ 
tration. 


liens in cbiss of the second class; and provided further, 
that there shall be no general registration for the April 
* lection to be held in 1892 in such city or cities, but at such 
April or any special elections, at the time and place herein¬ 
before provided for registration days, only those electors 
of said city or cities having the population aforesaid shall 
be required to register, as may be new .electors, or who 
have moved into any ward or precinct of any such city or 
cities since any general, state or April registration, and 
have not been registered therein, excepting that at such 
April or public election after the year 1891, other than 
presidential and state, such registration shall take place, 
except in the year 1891, on Friday and Saturday, in the 
second week before any such election as now provided by 
law for registration and voting in cities of the second class 
in said state where registration has heretofore been had; 
and provided further, that on Thursday in the fourth week, 
Thursday in the third week and Friday and Saturay in the 
second week next before the day of the general election in 
November, 1892, a general registration of all electors in 
said city or cities having a population as aforesaid shall be 
again had and taken as required by law as to cities of the 
second class, and the voting, conducting and managing of 
such elections shall in all respects be in accordance with the 
laws now in force regulating registration and elections in. 
cities of the second class, in said state ; and after the Novem¬ 
ber election of 1892, a city or cities having the. population 
aforesaid according to the federal census of 1890 shall con¬ 
tinue to be and remain subject to the laws governing and 
regulating registration of elections [electors] and voting in 
cities of the second class in said state; and the registration 
of electors and the holding and conducting elections therein 
shall in all respects be the same as in cities of the second 
class under the general laws aforesaid which may then be in 
force; and provided further, that nothing herein contained 
shall in any way or manner affect the provisions of section 
2926/ and all the provisions of said section 2926/ shall be 
and remain in full force and effect, and applicable to any city 
or cities in said state having a population as aforesaid. [88 
v. 511.] 

Sec. 2926b The registrars of electors appointed as 
herein provided shall, on each of the days appointed for the 
general registration of electors, meet at the place in each 
precinct provided by the board of elections for that purpose, 
and there remain in session from the hour of eight o'clock 
before noon, until the hour of one o’clock in the afternoon, 
and from four o’clock, in the afternoon until nine o’clock 
in the evening of each and all the days so appointed for the 
purpose of registering the electors lawfully resident in such 
precinct. No person shall be registered as an elector of 
any such city at any other time or place than those which 
are in this act herein designated; and in making registra¬ 
tions every applicant shall answer the inquries of the reg¬ 
istrars as follows, the registrars having openly and publicly 
met at the place and time herein appointed, shall proceed' 
as. follows: 

1 . They shall receive the application for registration 
of all such male persons, resident in such precinct, as then 



REGISTRATION LAWS OF OHIO, 

are, or on the day of election which will next follow such 
application will be entitled to vote therein, and who shall 
personally come before them, and such only, and may, and 
if the right of the applicant to be registered be challenged 
by any elector shall administer the following oath', to wit: 
“You do solemnly swear (or affirm) that you will truly and 
fully answer all such questions as shall be put to you touch¬ 
ing your place of residence, name, age, place of birth, quali¬ 
fications as an elector, and your right as such to be regis¬ 
tered and vote under the laws of this state.” 

2. They shall then examine each applicant as to his 
residence and qualifications as an elector, and if not satis¬ 
fied, or if any elector, ’so demands, shall enter the word 
“challenged” under the column for “remarks.” Unless oth¬ 
erwise herein directed, they shall then, in the presence of 
the applicant, enter in the registers his answers to their 
questions pertinent to the heading of each column, in their 
order. In entering his number, such number shall be filled 
up consecutively, leaving no blank, and in names they shall 
include his Christian name or names in full as well as his 
surname. In the column as to “residence,” shall be stated 
the name of the street, avenue, alley, or way in which his 
dwelling is located, or access to the same usually had, and 
the number of the house, if it has one. If it has no num¬ 
ber, a definite description by which it can easily be found, 
must in every such case be given and entered. If there be 
more houses than the one under the number so given, or if 
there be other families, tenants, or lodgers in that in which 
the applicant resides, he must specify in which house and on 
which floor, and whether front or rear of such house, he 
resides, and the number or location of his tenement. In 
the [column] as to age, the years and months must be 
stated, and if the applicant is not at the time twenty-one 
years of age or more, the words “not of age,” must be in¬ 
serted in the column of remarks. In the column as to “term 
of residence,” the periods of years and months of his resi¬ 
dence in the precinct and state must both be stated. In 
the column as to naturalization, the answer “Yes,” or “No,” 
or “Native” must be given and stated. If naturalized, the 
proper certificate or evidence must be produced. The col¬ 
umn as to “date of registration” must be filled with the date 
on which the application was actually registered, and none 
other. 

3. After the answers of the applicants to the ques¬ 
tions under the head of each and every column have been 
properly entered by the registrar in his presence, and not 
until then, he must enter his signature on the same line, 
and in both of the registers in the column “signatures.” 
Signatures, when made by a mark, must be attested by at 
least one subscribing witness, who shall be an elector, and 
may be examined by the registrars under oath as to his 
knowledge of the. person thus attested, and in such case 
noted by the registrars on the registers as “sworn” or “af¬ 
firms,” as the case may be. 

4 . Each of the registrars shall enter the statement of 
the applicants in the duplicate register kept by him, and 


129 


Oath in case of 
challenge. 


Examination of 

challenged 

applicant. 


Entries in regis¬ 
ters. 


Signature of 
applicant. 


By mark. 


Comparison of 
duplicate regis¬ 
ters. 


130 


REGISTRATION LAWS OF OHIO. 


Close of day’s 
registration. 


Attestation. 


Registers; 
where deposited. 


Voters required 
to register. 


Registration of 

E ersons disabled 
y sickness, etc. 


both shall be signed by the applicant. At the close of each 
day’s registration, the registrars shall compare their regis¬ 
ters with each other, and correct any discrepancies in forms 
before closing them for the day. The registrations for the 
day shall then be ruled off by double lines, to be drawn by 
the registrars across the page in ink, and immediately un¬ 
der the last name and statement so registered. And the 
registrars shall make a note in writing under such double 
line stating, “close of the first, second, etc., day’s registra¬ 
tion,” and attest the same by their signatures in both regis¬ 
ters. The registers shall then be deposited by therp at the 
end of each day at the office of the board of elections. 

5. All registers, when not in the official use of the 
registrars, or the judges of the elections, shall at all times 
be deposited and locked up in the office of the board of 
elections of such city, subject to be produced for inspection 
at all proper times. [83 v. 217.] 

Sec. 2926/. Every male person who is a citizen of the 
United States, and a '.awful resident of this state, and of any 
city of the first and second class, and who is, or at the next 
[ensuing] election in such city will be entitled to vote there¬ 
in, shall, on application, in the election precinct where he 
lawfully resides, and complying with the requirements here¬ 
in, be registered as a resident and elector therein, but not 
otherwise. But no person shall be entitled to vote at any 
election in any such city unless he shall establish his resi¬ 
dence by causing nimself to be registered in the precinct 
where he shall claim to reside, in the manner and at the 
time required herein, nor shall any ballot be received by 
the judges at any election under any pretense whatever, 
unless the name of the person offering such ballot shall have 
been entered on both of the registers of the precinct in 
which he claims to vote, as herein provided. And it shall 
be the duty of every elector resident in any such city to 
see that his name has been so registered. But any elector 
in any such city who is prevented by sickness or physical 
disability from appearing before the registrars, at the place 
in his election precinct, on the days for general registration 
hereby appointed, may apply to such registrars on either 
of said days by his affidavit, made before any judge or jus¬ 
tice of the peace or notary public in such city, and contain¬ 
ing a full and proper answer under all the heads, or columns 
required for registration, and transmit-the same to such 
registrars by a creditable person, who is an elector of such 
precinct, and personally cognizant of the sickness and dis¬ 
ability of such applicant, and of the facts stated in such af¬ 
fidavit, and who shall be examined by such registrars, un¬ 
der oath, in the premises. And if satisfied that such appli¬ 
cant is a resident of such precinct, and that he is then, or 
on the day of the next election, will be qualified to vote in 
such precinct, but not otherwise, such registrars shall enter 
said applicant as registered, and in the column for signa¬ 
tures enter the word “affidavit,” and transmit the affidavit, 
with the registers, to the judges of election, and such regis¬ 
tration shall be sufficient. [86 v. 281.] 



REGISTRATION LAWS OF OHIO. 


131 


Sec. 2926&. Any elector who, being the head of a 
family, and duly registered in the precinct where he then 
resided, shall remove into another precinct in the same city, 
may apply in person to the registrars of his previous pre¬ 
cinct for a “removal certificate,” and the same shall be made 
and signed by them, certifying his said registration, with all 
its particulars, as shown on their registers, but adding his 
statement of the new residence and precinct to which he 
has removed. They shall then immediately cancel his reg¬ 
istration on their registers by drawing double lines in ink 
through the same, and noting his “removal” and the ward 
and precinct to which he has removed in the column of 
“remarks,” but such note must be subscribed by such appli¬ 
cant. And when by mistake a qualified elector has caused 
himself to be registered in a precinct which was not his 
place of residence, the registrars therein, on full and satis¬ 
factory proof that such error was committed by mistake, 
and without fraud or any unlawful intent, may, on his per¬ 
sonal application and proof of his true residence, give him a 
similar certificate as in case of a removal, and cancel his 
registration in the same manner on their registers. And 
the certificates, in case of a removal or mistakes so granted, 
shall, if presented in due time to the registrars of the pre¬ 
cinct where such person so certified lawfully resides, and 
proper proof thereof made to them, shall entitle such per¬ 
sons to be registered therein. But in all cases where regis¬ 
tration is so granted upon certificates from the registrars of 
other precincts, or by order of the board of elections as 
hereinafter provided, such certificates or order must be re¬ 
tained by the registrars to whom it is presented, and filed 
by them in the office of the board of elections and pre¬ 
served. But no such certificate or transfer shall be allowed 
or be of any validity unless certified and signed by both of 
the registrars of the precinct in which the registration was 
first made. [83 v. 219.] 

Sec. 2926/. On Monday in the week preceding the 
November election, annually, the registrars of each and 
every precinct of election shall make out and deliver to the 
board of elections in such city, at their office, a true list of 
the names of all the electors registered by-them in their 
respective precincts, arranged in the alphabetical order of 
their surname, followed by their full Christian names and 
residences, and having the registry number of each prefixed. 
This list shall be under the following heading, namely: 

“List of electors registered in ward ——, precinct-, of 

the city of-, on the-days of -, eighteen hun¬ 
dred and -, No, -, - name, - residence.” 

And the following certificate shall be annexed at the end 
of the list, and signed by both of the registrars of the sev¬ 
eral precincts, namely: 

“We, the undersigned registrars of electors in ward 

—-, precinct-, of the city of-, in the county 

of-, and state of Ohio, do certify that the foregoing 

list is a true and correct copy of the names, residences, and 
registry numbers on the registers of said precinct of all per¬ 
sons who have been registered by us as residents, and quali- 


Certificates in 
case of removals 
or mistake. 


New registra¬ 
tion. 


Disposition of 
such certificates. 


Transfers; when 
/alid. 


Annual regis¬ 
tration lists. 


Heading. 


Certificate. 















132 


Posting of lists. 


Bound volume 
of lists. 


Pamphlets. 


Duplicate regis¬ 
tration lists for 
use at polls. 


Comparison. 


Meeting for 
granting or re¬ 
ceiving certifi¬ 
cates of removal 
or mistake. 


Correction. 


Noting of 
changes. 


Registrations 
by order of 
board of elec¬ 
tions. 


Such orders, 
when made. 


REGISTRATION LAWS OF OHIO. 

fied electors in the said precinct, this-day of-in 

the year eighteen hundred and -And it shall be 

the duty of the board of elections immediately to cause at 
least three copies of the list for each and every precinct in 
such city, respectively to be printed on broadside sheets of 
thick paper, and in pica type, two of which lists they shall 
cause to be securely posted up at the polling place in such 
precinct, three days or more before the November election 
annually, and also before every other election. The third 
copy from each precinct shall be retained by the board of 
elections and annually bound together in a volume and 
preserved in their office, and they shall cause at least fifty 
additional copies of such list, respectively, to be printed in 
pamphlet form for immediate distribution. Said registrars, 
after making and returning such lists to the board of elec¬ 
tions, shall also make out in books, to be prepared and fur¬ 
nished to them by such board, duplicate lists of all the 
registered electors in their precinct, arranged alphabetically 
in the order of their surnames, followed by their full Chris¬ 
tian names, ages, and residences as registered, and the reg¬ 
istry number of each prefixed. The books to be prepared 
for this purpose shall be ruled in columns, with printed 

headings, as follows, namely: Reg'istry number -, 

name-, age -, residence -, voted ——, re¬ 

marks. These lists shall be carefully compared by the reg¬ 
istrars of each precinct with the registers therof, and with 
each other, and then certified by them in the form pre¬ 
scribed for the lists returned to the board of elections, and 
at -the opening of the polls at the next succeamg election, 
shall be there produced by them for the use of the judges,, 
as herein provided. [83 v. 220.] 

Sec. 2926m. On Monday, the day preceding th« r No¬ 
vember election in every year, the registrars of each and 
every election precinct aforesaid, shall meet at three o’clock 
in the afternoon, at the polling place appointed for holding 
elections therein, ana there remain in session until six 
[o’clock] in the evening. At this meeting, and at no other 
time, they shall receive and act upon any application for 
either granting or receiving certificates of removal or cor¬ 
rection of mistakes as herein provided for; and if any ma¬ 
terial error or mistake in the description of any elector in 
such precinct has been discovered, he may appear at this 
meeting, and on good cause being shown,.the registrars 
may then correct the same. But any change in the regis¬ 
ters which shall be allowed by the registrars at such meet¬ 
ing, must immediately be noted by them in the registers 
and also in the books containing the duplicate lists for the 
use of the judges as above provided, and if not then and 
there so noted, shall be wholly null, and disregarded by the 
judges of election. At this meeting, also, and subject to 
the same conditions, any qualified elector of such precinct 
may be registered who shall appear and present an order 
reuuiring it, signed bv not less than three rnembers of the 
board of elections ; provided, that no such order shall be 
made or considered by such board of elections, except in 
a joint session, nor unless the applicant shall appear before 













REGISTRATION LAWS OF OHIO. 


133 


them personally after the last day of general registration, 
and prove to their satisfaction that he could not, by due 
diligence, have appeared before the registrars in his proper 
precinct on either of the days appointed herein, and shall 
furthermore comply with all the prescribed requirements 
for general registration. [83 v. 221.] 

Sec. 2926m. On Monday, the day preceding the No¬ 
vember election in every year, the registrars, as judges of 
election, and the other two judges of election in each pre¬ 
cinct, shall meet at the polling place appointed for holding 
the election therein at seven o’clock in the evening punctu¬ 
ally, and then and there organize as a board by electing 
one of their number, by ballot, as chairman. If they fail so 
to elect a chairman within ten minutes, they shall immedi¬ 
ately choose a chairman by drawing lots. They shall at 
this meeting make all necessary arrangements for securing 
the ballot-boxes and the proper accommodations for them¬ 
selves and the clerks of elections in receiving and counting 
ballots at the ensuing election, and also, if requested, for 
the witnesses and challengers designated by each political 
party to be admitted within the polling rooms as follows, 
namely: At every election the executive or principal com¬ 
mittee of each political party presenting one or more can¬ 
didates for suffrage, may, by writing, certified by its chair¬ 
man and secretary, and presented to the judges of election 
at or before this meeting, designate not more than three 
electors of such city as witnesses, and one other elector as 
a challenger, to attend at such election in behalf of such 
party. It shall be the duty of the judges of election in each 
and every ward or election precinct to admit the witnesses 
and challengers so accredited, into the pdlling room with 
themselves and the clerks at the ensuing election, and to 
place them so near to themselves and the clerks, that they 
can fully and conveniently watch every proceeding of the 
judges and clerks from the time of opening the polls until 
the counting, certifying and signing of the final return of 
such election. Before the opening of the polls the ballot- 
boxes shall be opened, if.requested by either of them, so 
that the inside and the locks and keys may be inspected by 
them. No ballot-box, nor any ballot when taken from it 
for counting, shall be removed or screened from the con¬ 
stant sight of such witnesses or challengers until the count¬ 
ing has been closed and the certificate of the final returns 
completed and signed by the judges. The challengers so 
designated shall be so placed that they can fully see and 
meet each and every person offering a ballot to the judges 
or either of them. And at such meeting, on the evening of 
a day preceding an election, any elector may appear and 
challenge the vote of any person named in the register of 
such precinct, and the word “challenged” shall immediately 
be entered by the judges opposite the name of such person 
on both of the duplicate lists of electors, and if he shall offer 
to vote at any election, the judges shall, upon such chal¬ 
lenge, examine him under oath as to his qualifications as an 
elector in such precinct. [83 v. 221.] 


Meeting on 
evening prior to 
election. 


Organization. 


Securing ballot- 
boxes and ac¬ 
commodations, 
etc. 


Witnesses and 
challengers. 


Their admission 
to polling room. 


Inspection of 
ballot-boxes be¬ 
fore opening of 
polls. 

Same to be in 
plain view. 


Rights of chal¬ 
lengers. 


Challenge of 
lists. 


Examination. 


134 


REGISTRATION LAWS OF OHIO. 


Opening and 
close of polls. 


Duty of regis¬ 
trars. 


Location of 
ballot-box. 


Challengers. 


Sec. 29260. On the day of the November election in 
every year, and of any other election, the polls in each and 
every precinct in cities of the first and second class, shall 
be opened by the judges of elections appointed and organ¬ 
ized as in this act provided, by proclamation made by the 
chairman, at the hour of six o’clock in the morning, and 
shall be closed by proclamation, at the hour of four o’clock 
in the afternoon in cities of the first grade of the first class, 
and at the hour of six o’clock in the afternoon in cities of 
the second, third, and fourth grades of the first class, and in 
cities of the second class. The registrars acting as judges 
shall punctually, at the hour of opening the polls, attend 
and produce, at the polling places in the several precincts, 
the registers, affidavits of sick or absent electors and ac¬ 
companying papers, and also the duplicate certified lists 
of electors, prepared by them as herein required. The 
chairman of the board shall at once designate two members 
of the board of judges of different political parties, each to 
hold and to have charge of one of the said duplicate lists; 
no ballot shall be deposited in the ballot-box, until the name 
of the elector offering it, shall first have been stated by him, 
and announced aloud by the judge holding the ballot, nor 
until it shall have been found on both such lists, and so 
announced by both of the judges holding such lists. Every 
ballot must be put in the ballot-box, by the judge who re¬ 
ceives it from the elector; and such judge and the ballot- 
box must always be so placed, and the ballot be so held 
forth by the judge, that it shall be in full view of the elector, 
until actually put into the box. For any wilful violation 
or evasion of this rule by any of such judge, he shall at once 
be expelled from his office by the other three judges, and 
the vacancy filled in the manner provided by section 2926c, 
and immediately upon the depositing of the ballot in the 
box, each of the said judges shall check off the name of such 
elector on the duplicate list, held by him, by placing a “V” 
distinctly with ink in the column under the word “voted/" 
and in the line with the elector’s name; provided, that it 
shall be unlawful for any judges or clerks of election, or of 
any of the v/itnesses or challengers, admitted into the poll¬ 
ing rooms at the election, at any time while the polls are 
open, to have in his possession, or to distribute, or to give 
out any ballot or ticket to any person on any pretense, nor 
during the. counting or certifying of the votes, to have any 
ballot or ticket in his possession or control, except in the 
proper discharge of his duty, in receiving, counting or can¬ 
vassing the votes as required by law; but this prohibition 
shall not extend to the lawful exercise by any judge or clerk 
of elections, or witness, or challenger aforesaid, of his indi¬ 
vidual right to vote at such election. Any registered elec¬ 
tor, when offering to vote, may nevertheless be challenged 
by an elector as a non-resident, or for any of the causes 
allowed by law, and he shall be sworn, and the same pro¬ 
ceedings thereupon had as in other cases; in all cases of 
challenge, the judges holding the duplicate lists aforesaid, 
shall note the word “sworn” opposite the name of the person 
challenged. And except as otherwise required herein, the 
judges of elections appointed, as herein provided, shall 


REGISTRATION LAWS OF OHIO. 


135 


have the same powers and discharge all the duties con¬ 
ferred or required by the general laws of the state regulat¬ 
ing elections. But except where some authority or duty 
is herein allotted to one of said judges, no order or action 
on their part shall be of any validity without the concur¬ 
rence of three members of said board of judges in any 
precinct. [86 v. 281.] 

Sec. 292 6 />. Immediately upon the close of the polls 
at any and every election in such cities, the number of elec¬ 
tors entered and shown on the poll-books as having voted, 
shall be first certified therein and signed by the board of 
judges and the clerks; and before any other or further pro¬ 
ceedings the chairman Of the board shall make a proclama¬ 
tion in a loud voice in the street outside of the polling room, 
stating the number of voters so shown and certified on the^ 
poll-books. The number of electors who shall have been 
checked on each of the duplicate lists as having voted, shall 
next be counted and compared each with the other, and 
with the number so shown in the poll-books, and the result 
shall be at once certified in the poll-book and signed by the 
judges. And in counting those who are checked, the word 
“no” shall at the same time be entered in ink in the same 
column oposite the name of each and every elector who is 
not so checked off. In all cases of disagreement or doubt 
on any question during the election or counting, the judges 
may refer to the original registers, and they shall be con¬ 
clusive when relevant. The ballot-box shall then, without 
any adjournment or delay be opened, and without opening 
any ballot or ascertaining its contents, the number of bal¬ 
lots shall first be counted. If the number of ballots exceeds 
the number of names on the poll-books, the ballots shall be 
replaced in the box, and one of the judges shall, with his 
back to the box and without seeing it, draw out, without 
showing them, and destroy a number of ballots equal to 
the excess. And, if during the counting of the ballots or at 
the conclusion of the counting, an excess of ballots be dis¬ 
covered, all the ballots shall be returned to the box, and 
after being thoroughly mingled the excess shall, in the 
manner directed above, be drawn out and destroyed, and 
the count corrected accordingly. In all cases where ballots 
have thus been drawn out and destroyed, a minute of the 
number destroyed and the reason, shall be made on the 
tally-sheet. The count shall then commence and proceed 
without interruption or delay, and in no case shall cease 
until it is completed, proclaimed, and the final result certi¬ 
fied as herein required. As soon as the ballots have been 
counted and tallied, and the clerks have estimated the num ¬ 
ber tallied for each candidate, the chairman of the board 
shall make a second proclamation in the same manner as 
the first, stating the whole number of votes cast, and the 
number counted and tallied for each candidate; and this 
proclamation shall be prima facie proof of the result. The 
judges and clerks in every precinct shall at the same time 
make out and certify a summary statement of the number 
of votes cast therein, and the number counted and tallied 
for each candidate as announced in the proclamation, and 


Certificate and 
proclamation of 
total vote cast. 


Electors 
checked on du¬ 
plicate lists. 


Questions of 
'doubt. 


Opening of bal¬ 
lot-box; count¬ 
ing of ballots. 


Excess of bal¬ 
lots to be de¬ 
stroyed. 


Minute of de¬ 
stroyed ballots. 


Completion of 
count. 


Proclamation of 
result. 


Certificate of 
result for board 
of elections. 


136 


REGISTRATION LAWS OF OHIO. 


Duty of judges. 


Abstracting re¬ 
sult. 


Signing of poll- 
books. 


Numbers, how 
expressed. 


Session of board 
of elections on 
day of election. 


Reports of elec¬ 
tion. 


Assignment of 
police. 

Certificate in 
case of involun¬ 
tary mistake in 
registering. 


Disposition of' 
poll-books. 


Ballots to be 
burned. 


Return of regis¬ 
ters, etc. 


dispatch the same without delay by a special'messenger, 
and in a sealed envelope to the board of elections at their 
office. The judges of election shall also, as soon as the 
result has been proclaimed, announce it to the board of 
elections from the nearest police station, or from a telegraph 
or telephone station if nearest to them. At the request of 
any of the persons designated to witness the counting of the 
ballots, the judges and clerks of election shall also sign and 
deliver to him a certificate containing the same statements 
as required to be made to the board of elections. After 
completing the counting and enumeration of the ballots, 
and proclaiming and issuing the statement of the result, 
as hereinbefore directed, the number of votes for each per¬ 
son shall be set down in the poll-books, under the inspec¬ 
tion of the judges and certified and signed by them in man¬ 
ner and form as prescribed in, and by section 2922 to 2966 
inclusive, chapter two of title fourteen in the first part of the 
Revised Statutes. In all certificates the number of votes 
shall be fully written out in words, and also stated in fig¬ 
ures. [83 v. 223.] 

Sec. 292 6q. The board of elections shall convene in 
session at their office at six o’clock a. m. on the day of every 
election in such cities, and remain in session continuously 
until the statements giving the result of the election, as re¬ 
quired above, shall have been received from every precinct 
in such city. The board shall have power to employ mes¬ 
sengers to use the telephone and telegraph, direct the police 
force of the city, and use any other lawful means to secure 
prompt and correct reports from the election judges, as 
above required. The police authorities shall assign at least 
one policeman to do duty in each precinct on every day of 
an election. The board shall also have authority during 
said day, in case any elector through no mistake or negli¬ 
gence of his own, shall have been registered in the wrong 
precinct, to issue to such elector a certificate showing such 
fact, and such certificate when presented by such elector to 
the proper registrars and judges, shall entitle said elector 
to vote in his proper precinct, and such mistake shall be 
noted on the register. [89 v. 199.] 

Sec. 2926r. The judges of elections, after having set 
down the number of votes for each person, and certified and 
signed the same in the poll-books in the manner prescribed 
by law, shall put under cover one of the poll-books, seal the 
same, and direct it to the “county board of canvassersthe 
other poll-book shall be sealed in like manner, and directed 
to the 'board of elections of such city; they shall then de¬ 
stroy all the ballots so counted or found in the ballot-box 
by burning the same completely; the judges, before sepa¬ 
rating, shall designate two of their number as messengers 
(by lot if they can [not] agree), one of whom shall person¬ 
ally and within twenty hours from the close of the polls, de¬ 
liver to the clerk of the court of common pleas the poll- 
book so addressed to the “county board of canvassers,” and 
the other, shall personally and within twenty hours, as 
above, deliver the other poll-book to the board of elections 
at their office; the chairman of the board of elections shall 
safely return the registers, the duplicate lists made there-, 


REGISTRATION LAWS OF OHIO. 137 

from, the ballot-boxes and keys thereof, and all affidavits 
or papers accompanying them to the board of elections or 
the secretary, at their office within twenty hours; and the Completion of 
judges and clerks of elections shall not adjourn, disperse, w ° rk withou t 
nor cease from proceeding as hereinbefore required, until 
•all the said requirements have been actually executed and 
completed in manner and form as prescribed by law. [83 
v. 224.] 

Sec. 2926.?. The county board of canvassers, on de- Adjustment of 
mand of any candidate, shall compare the returns as re- <jiscrepencies 
ceivea by the clerks from the precincts in any city of. the to clerk and 
first and second grades in the first class, with the certified boa t r(Fof 1 eiec- by 
statement sent by the judges of election to the city board of tions - 
'elections as herein required, and if found to disagree, the 
number certified in the statement last mentioned shall be 
taken as correct and counted, unless proof of the returns 
received by the clerk, satisfactory to the board of canvassers, 
shall be made by [the] judges, clerks and witnesses of the 
counting. And for the purpose of adjusting such discrep¬ 
ancy, and determining the true result of the election, the 
board of canvassers shall also summon witnesses and ex¬ 
amine them under oath, as to the proceedings and procla¬ 
mations at such election in any precinct, and may also view 
and consider as part of the record, the poll-books, registers, 
and duplicate lists made therefrom, and deposited as herein 
•provided; but such inquiry shall be limited exclusively to 
determining which shall be adopted, namely: The returns 
as received by the clerk, or the certified statement as re¬ 
ceived by the board of elections, as proof of the true vote 
at the close of the polls in any precinct. [83 v. 225.] 

*Sec. 292 6f. Each member of the board of elections Salaries of mem 
appointed under this act, in cities of the first grade in the election Sards, 
first class, shall be allowed and paid a salary of twelve 
hundred dollars per annum, and in cities of the second 
grade in the first class, shall be allowed and paid a salary 
of one thousand dollars per annum. And in cities of the 
third and fourth grades in the first class, and in the first 
and second grades of the second class, a salary of four 
hundred dollars per annum, payable quarterly, and in cities 
of the third grade and the third grade a, in the second class, 
a salary t of two hundred dollars per annum, payable quar¬ 
terly, and in cities of the fourth grade in the second class, , 
a salary of fifty dollars per annum, payable semi-annually. 

The secretary of the board of elections in cities of the first Salary of secre- 
and second grades in the first class, shall be allowed and paid tary - 
a salary of two thousand and four hundred dollars per 
annum,” in monthly payments, and in cities of the third 
grade in the first class, six hundred dollars per annum, 
in monthly payments. In counties containing a city of the gaiaries^mem 
first class fourth grade, each member of the board shall be tary in Stark 
paid a salary of four hundred dollars, three hundred of which county - i 

amount is to be from the city funds, and one-hundred from 

* Sec 2926* was twice amended during J;he session of 1900, the date of signing 
of both bills being the same, viz.: April 16, 1900. The section as above given was 
included in Senate Bill No 369 while the other amendment was contained in 
House Bill No. 154, and will be found in volume 94, page 668. 




m 


REGISTRATION LAWS OF OHIO. 


Salary of secre¬ 
tary in certain 
other cities. 


Compensation 
of registrars, 
judges and 
clerks. 


Expenses to be 
paid by county. 


Removal of sec¬ 
retary and mem¬ 
bers of board. 


April and other 
elections. 


the general fund of the county in which the city is situated; 
and the secretary in such city of the first class, fourth grade, 
shall be paid a salary of six hundred and fifty dollars, four 
hundred and fifty dollars of which to be paid from the city 
funds and two hundred from the general fund of the 
county, and the money payable from the county funds 
shall be on warrants drawn by the county auditor upon or¬ 
ders certifying the said services, signed by the president and 
secretary of the board, said payments to be in monthly 
installments. And in cities of the first grade, second class, 
a salary of five hundred dollars per annum, in monthly pay¬ 
ments, and in cities of the second grade of the second 
class, a salary of one thousand dollars per annum, to be 
paid in monthly installments, and in cities of the third 
grade and third grade a of the second class, a salary of two 
hundred dollars per annum, and such additional sum, not 
exceeding one hundred and fifty dollars per annum, as the 
board may allow, payable quarterly, and in cities of the 
fourth grade of the second class, a salary of one hundred 
dollars per annum, payable quarterly, which salaries shall 
be paid from the city treasury upon orders- certifying the 
said services, signed by the president and secretary, to the 
city comptroller, city auditor, city clerk of such city. The 
registrars of each election precinct shall be allowed and 
paid three dollars per day, and no more, nor for more than 
six days in any one election, for their services as registrars. 
The judges of election, including the registrars as such, 
and the clerks of election so appointed, shall each of them 
be allowed and paid five dollars for each election at which 
they serve, and no more, either from the city or county, 
except that in cities of the third and fourth grades, and 
third grade a, in the second class, they shall each be allowed 
and paid three dollars for each election at which they 
serve, and no more, either from the city or county. But 
no registrar, judge or clerk shall be entitled to the compen¬ 
sation so fixed except upon the allowance and order of the 
board of elections, made at a joint session, certifying that 
each has fully performed his duty, according to law as such, 
and stating the number of days’ service actually performed 
by each, and signed by the president and secretary of the 
board to the city comptroller, city clerk or city auditor 
of such city, but for all general elections other than munici¬ 
pal, the county in which such city is located shall pay the 
general expense's of such registration and election; and 
such allowance and order for such expenses and compen¬ 
sation to such registrars, judges and clerks shall be signed 
by the president and secretary of such board to the county 
auditor of such county, who shall issue his warrants upon 
the county treasury for such amounts. [94 v. 310.] 

Sec. 292 (hi. Any member of the board of elections and 
the secretary of the board may, for any violation or neglect 
of the duties prescribed herein, or other official misconduct, 
be removed at any time by the governor of the state, and he 
shall fill the vacancy as provided in section 29266. [83 v. 

226.] 

Sec. 2926ta The preceding provision shall extend to 
the April election, or any other public election authorized by 


REGISTRATION LAWS OF OHIO. 


139 


law to be held in any city of the first and second class, as 
follows: 

1. There shall be no general registration as provided 
in sections 2926/r and 2926/, except that cn Friday and Sat¬ 
urday in the second week before any such election, the 
registrars for each precinct shall obtain the last preceding 
registers made by them from the board of elections, and at¬ 
tend at the place in such precinct appointed for the regis¬ 
tration of electors between the hours herein directed for the 
purpose, and receive applications for registration by such 
qualified electors residing therein as are not already regis¬ 
tered, and if qualified, shall enter the same in the registers, 
subject to the same rules and conditions as herein prescribed 
as to general registration; and on such days shall also per¬ 
form the same duties as prescribed in section 2926m. Be¬ 
tween the first day of March and the Thursday in the second 
week before the April election the secretary of the board 
of elections shall be the registering officer, and shall perform 
the duties required in section 2926/f, both as to electors who 
will be absent, and as to affidavits of absentees; and on the 
days for revisions of the registration, the registrars shall 
receive affidavits of sick or disabled electors as required in 
section 2926/. The board of elections may, during the week 
previous co the April election, issue orders for registration, 
which orders, if presented at the meeting for organization, 
held Saturday evening before the April election, shall be 
received by the registrars and be disposed of as required in 
section 2926m. And any additions or changes then entered 
by them in their registers, shall also be made in the dupli¬ 
cate list of voters, which, after being carefully compared 
with the registers and with each other shall be produced by 
them, together with the registers of such precinct at the 
opening of the polls on the day of election, and then be used, 
applied and disposed of by the judges in all respects as 
directed in section 2926o. 

2. At seven o’clock in the evening of the Saturday 
next preceding any such election the registrars for each and 
every precinct, and the other two judges of election shall 
meet at the polling place therein appointed for such elec¬ 
tion, and shall then and there organize as a board of judges 
and perform the other duties prescribed in section 2926?* 
and in the manner therein directed. 

3. The poll-book required by section 2926g [2926r] to 
be delivered by the judges of election to the clerk of the 
court of common pleas, shall be addressed by them to the 
“board of canvassers,” of such city, and not of the county, 
and deliver[ed] to the city clerk of such city, and not the 
clerk of the court of common pleas. 

4. The board of canvassers of elections in each such 
city shall be composed of the said board of elections and 
the city clerk of such city. Within four days after the April 
election in such city, every year, or after any special elec¬ 
tion the said “board of canvassers” shall meet at the office 
of the board of elections of such city, at ten o’clock in the 
forenoon, at the call of the chairman of the said board of 


Registration for 
such elections. 


Additions to or 
changes in reg¬ 
isters. 


Organization of 
board of judges. 


Poll-book; how¬ 
to be addressed 
and delivered. 


Board of can¬ 
vassers; duties 
of. 


140 


REGISTRATION LAWS OF OHIO. 


New or altered 
wards and pre¬ 
cincts. 


■Cities second 
grade, second 
class. 


Permitting false 
registration. 


Refusing regis¬ 
tration. 


Penalty. 


Inducing same. 


Inducing neg¬ 
lect of duty. 


Penalty. 


False registra¬ 
tion. 

Penalty. 


Inducing same. 


elections and organize by electing a chairman and secretary ; 
the returns received by the city clerk shall then be produced 
by him and opened and canvassed by the board of canvas¬ 
sers as prescribed in section 2926 r and by law. 

5. Whenever a new ward has been created, or the 
boundaries of any ward or precincts have been changed after 
the general registration, and before the April election follow¬ 
ing, it shall be the duty of the board of elections to appoint 
election officers, rearrange the voting precincts, provide for 
registration of electors not already registered, make new 
registers, and certify the registration of registered electors 
whose voting precinct has been changed and make all nec¬ 
essary arrangements and regulations for holding elections 
in such new or altered wards and precincts ; provided, that 
the right of any registered elector to vote shall not be prej¬ 
udiced by any error in making out the certified lists of reg¬ 
istered voters. Section 292 6h of the Revised Statutes, so far 
as it may conflict with section 2926?7, shall not apply to cities 
of the second grade and second class. [88 ‘v. 248.] 

Sec. 2926m 1. Any registrar of electors, or other 
registering officer, who falsely or fraudulently enters or con¬ 
sents to the entry in any register or duplicate list of the 
electors in any precinct, of the name of any person whom he 
knows or has good reason to believe is not a resident or 
qualified voter in such precinct, or who on request, refuses, 
neglects or hinders the registration of any person, who is 
a resident and qualified voter in such precinct, and offers to 
comply with the requirements of the law for that purpose, 
shall be fined not less than fifty dollars nor more than five 
hundred dollars, and imprisoned not less than thirty days 
nor more than six months, or both. 

2. Whoever by any gift, promise or offer, or by coer¬ 
cion, intimidation, or other unlawful means, induces or 
influences, or-attempts to induce or influence any registrar 
of electors or other registering officer, to enter in the reg¬ 
ister or duplicate list of electors in any precinct, the name 
of any person, real or fictitious, living or dead, who is not 
a resident or qualified elector therein, or who shall fraudu¬ 
lently induce any registrar or registering officer to refuse 
registration in a precinct to any person lawfully entitled to 
be registered as an elector therein, or unlawfully prevent, 
hinder or delay any registrar or registering officer from reg¬ 
istering any person lawfully entitled to be registered, or to 
induce or influence such registrar or registering officer to 
violate or refuse or neglect the execution of any rule or 
duty touching his office and prescribed by law, shall be im¬ 
prisoned in the penitentiary not less than one year nor more 
than three years. 

3. Whoever falsely and fraudulently obtains or at¬ 
tempts to obtain registration, as an elector, in any precinct 
in which he is not a resident and qualified elector, shall be 
imprisoned in the penitentiary not less than one year nor 
more than three years. 

4. Whoever fraudulently induces or attempts to in¬ 
duce, aid or abet any person to obtain or apply for regis- 


REGISTRATION LAWS OF OHIO. 


141 


tration as an elector in any precinct where such person is 
not a resident and qualified elector, shall be imprisoned in 
the penitentiary not less than one year nor more than 
three years. 

5. Whoever falsely personates, or assumes the name 
of any other person, real or fictitious, living or dead, in ob¬ 
taining or attempting to obtain registration in such assumed 
name as an elector in any precinct, or falsely obtains or 
applies for registration as an elector in any name other than 
his own, or fraudulently aids or abets any other person in 
committing or attempting to commit either of said offenses, 
shall be imprisoned in the penitentiary not less than two 
years nor more than five years. 

6. Whoever fraudulently or by any unlawful means 
prevents, hinders or delays, or attempts to prevent, hinder 
or delay any elector from applying for registration as an 
elector in the precinct where such elector resides and is en¬ 
titled to vote, with intent to deprive such elector of his 
right to vote, shall be imprisoned in the county jail not less 
than thirty days nor more than six months, and fined not 
less than fifty dollars nor more than five hundred dollars. 

7. Whoever by any false statement or other unlawful 
means, procures, or aids or attempts to procure the erasure 
of striking out of the register or duplicate list in any pre¬ 
cinct of the name of any elector who is a resident and quali¬ 
fied elector therein, shall be imprisoned in the penitentiary 
not less than one year nor more than three years. 

8. Any judge or clerk of election, witness, challenger, 
or other person whatever who is admitted into the polling 
room at any election, and who at any time from the opening 
of the polls until the ballots are finally counted and certi¬ 
fied, and while in said room distributes or gives out to any 
person, on any pretense, or brings into said room, or has in 
his possession or control any ballot or ticket except that 
which he shall offer to the judges as his own vote if an elec¬ 
tor, shall be fined not less than twenty-five dollars nor more 
than five hundred dollars, or imprisoned in the county jail 
not less than thirty days nor more than one year. 

9. Any judge of election who shall permit any ballot 
or ticket to remain or be in the ballot-box at the opening of 
the polls, or be put into the ballot-box at any time during 
the receiving, counting, and certifying the ballots, except 
when lawfully presented by an elector in the course of an 
election, shall be t imprisoned in the penitentiary not less 
than two years nor more than five years. 

10. Whoever shall be guilty of wilful and corrupt false 
swearing or affirmation, upon any examination, by or be¬ 
fore any registrar or registering officer authorized by this 
act, shall be guilty of perjury, and imprisoned in the peniten¬ 
tiary not less than one year nor more than five years. 

11. Any member of the board of elections or secretary 
thereof, or any registrar of electors, or judge or clerk of 
elections in any city of the first and second grades and first 


Penalty. 


Obtaining regis¬ 
tration by per¬ 
sonating an¬ 
other. 


Penalty. 


Hindering 

registration* 


Penalty. 


Procuring un¬ 
lawful erasure 
in registration 
lists. 


Penalty. 


Distributing 
ballots inside 
of polling room. 


Penalty. 


Permitting bal¬ 
lots in box at 
opening of polls,, 
etc. 


Penalty. 


Perjury. 


Penalty. 


Neglect of duty 
by officers of 
election. 



142 


REGISTRATION LAWS OF OHIO. 


Penalty. 


Counterfeiting 
registration cer¬ 
tificates, etc. 


Penalty. 


Acting as regis¬ 
trar, judge or 
;lerk without 
certificate of ap¬ 
pointment. 


Acting as sub¬ 
stitute judge 
without notice, 
etc. 


Neglect to for¬ 
ward notice, etc. 


Penalty. 


East Liver¬ 
pool ; Vegis- 
tration laws, 
how applied 
to. 


class who shall wilfully refuse and neglect to execute and 
perform any duty prescribed by this act to be done or per¬ 
formed by him, shall be fined in any sum not less than fifty 
dollars nor more than five hundred dollars, to be recovered 
in the name and behalf of such city, or imprisoned in the 
county jail not less than thirty days nor more than one year, 
or both, in the discretion of the court. 

12. Whoever makes, issues, utters or publishes any 
false or counerfeit certificate of registration authorized by 
this act to be granted by registrars of electors and boards 
of election, or fraudulently alters any such certificate grant¬ 
ed by any of said officers, or who makes, issues, utters or 
publishes any false certificate, statement or proclamation of 
the result of an election, knowing such certificate, statement 
or proclamation to be false, or who wilfully destroys, de¬ 
faces or conceals any certificate or statement of the result 
of an election entrusted to him or his- care for delivery, shall 
be imprisoned in the penitentiary not less than two years 
nor more than five years. 

13. Every person who may act as registrar, judge or 
clerk of election without having received his certificate of 
appointment from the board of elections, except the judges 
and clerks appointed in the manner herein provided in sec¬ 
tion 2926?, by the judges to fill [a] vacancy caused by ab¬ 
sence or removal, and every such person so appointed by 
the judges who shall act without notice thereof having been 
sent to the board of elections, and the judges who may make 
such appointment and neglect and fail to send notice thereof 
to the board of elections, and every person to whom 
such notice for the board may be given for delivery to the 
board who shall neglect or fail to deliver the same as 
promptly as possible shall be guilty of a misdemeanor, and 
shall be fined not more than one hundred dollars or less 
than twenty-five dollars, or imprisoned thirty days, or both 
fined and imprisoned. [83 v. 226.] 

Sec. 2926-r. Provided further, that the provisions of 
said section 292 Qh and all other sections of the statutes of 
the state of Ohio concerning and regulating the registration 
of electors and the holding of elections and voting in cities 
of the second class in said state, be and the same are hereby 
extended to and made applicable to any city or cities in said 
state having at the last.federal census a population of not less 
than sixteen thousand one hundred nor more than seventeen 
thousand inhabitants, and that in such city or cities where 
no registration of such electors in such city or cities has 
heretofore been made under the provisions of the registra¬ 
tion laws of said state now in force therein, the deputy state 
supervisors of elections for the counties in which said cities 
are located, shall immediately on the taking effect of this act 
proceed to appoint a secretary, registrars of elections, judges, 
clerks of elections and such other clerks, officers and agents 
as are now provided for by the registration laws of said 
state applicable to a general registration of electors in cities 
of the second class in said state, and appoint times and places 


REGISTRATION LAWS OF OHIO. 


143 


for such registration, and provide suitable rooms, furniture, 
blanks and all other things now authorized to be provided 
for the registration of electors in said cities of the second 
class in said state, and may make the needful rules and regu¬ 
lations, and furnish all needed ballot boxes, ballots, blanks, 
papers and all such other materials, and appoint all such 
assistants, employes and officers as may be necessary to carry 
out the provisions of said statutes as to elections in said 
cities of the second class in said state and make the same 
applicable to a city or cities having the population aforesaid 
in said state, and in all respects enforce the laws govern¬ 
ing the same, so that all laws now in force applicable to the 
registration of electors in cities of the second class'in said 
state and the way and manner of voting at any general or 
special .flection in said state shall be and the same hereby 
are extended to and made and declared to be in full force 
and effect as to any city or cities in said state having at the 
last federal census a population of not less than sixteen 
thousand one hundred nor more than seventeen thousand 
inhabitants, provided further, that on Thursday in the 
fourth week, Thursday in the third week, Friday and Sat¬ 
urday in the second week next before the day of the general 
election in November next, a general registration of electors 
in said city or cities shall be had in accordance with the pro¬ 
visions of this supplemental section and other laws pertain¬ 
ing to registration in cities of the second class in said state, 
and the mode of conducting such elections 'in cities of the 
second class; and provided further, that the registration 
for the April elections be as provided in the general laws. 

Sec. 2. This act shall be in force on and after the 
first day of May, 1902, provided further, that at the elec¬ 
tion to be held on the first Monday in April, 1902, the ques¬ 
tion shall be submitted to the electors of all cities to which 
this act applies, and if the majority of the electors voting 
upon this question vote “Registration, Yes,” then this act 
shall be in force, but if the majority of the electors voting 
upon this question vote “Registration, No,” this act shall 
be null and void. [95 v. 85.] 


Question 
whether this 
act to apply 
to be sub¬ 
mitted to 
vote. 


144 


VOTING MACHINE LAWS. 


VOTING MACHINES. 


Submission of 
question as to 
use of voting 
machines in 
elections. 


Machine to be 
approved by 
commission; re¬ 
quirements of 
machine. 


i 


i 


Sec. 1. That any body or board of public officials, or 
any officer or officers, charged by law with the duty of pro¬ 
viding material and supplies for holding an election or 
elections in any city, village, town, precinct, or other civil 
division of the state, may at any general or special election 
submit a proposition to the qualified voters thereof, to adopt 
a voting machine or voting machines, and ‘whenever a 
majority of the electors of any of said city, village, town, pre¬ 
cinct or other civil division voting upon said proposition 
shall have declared therefore may purchase voting machine 
or machines for use at any or all of the election districts- 
for which he, it or they are by law charged with the duty 
of. providing with material and supplies for holding an 
election, at the expense of the city, village, town, county, 
precinct, or other civil division of the state now chargeable 
by law with the expenses of the material and supplies for 
holding general elections fn such election district or districts. 
Provided, however, that no such voting machine shall be 
used, purchased or adopted until the commissioners herein¬ 
after provided for, or a majority thereof, shall have made and 
filed their report certifying that they have examined such 
machine; that it affords each elector an opportunity to vote 
in absolute secrecy; that it enables each elector to vote a 
straight party ticket; that it enables each elector to vote a 
ticket selected in part from the nominees of one party, and 
in part from the nominees of any or all other parties, and 
in part from an independent nomination, and in part of per¬ 
sons not in nomination by any party or upon any inde¬ 
pendent ticket; that it enables each elector to .vote a written 
or printed ballot of his own selection, for any person for 
any office for which he may desire; that it enables each 
elector, if he so desires, to cast one written or printed ballot 
of his own selection for all the officers for whom he is 
entitled to vote at such election; that it affords each elector 
an opportunity of voting for all the candidates for whom 
he is entitled to vote, and absolutely prevents his voting 
for any candidate more than once; and that it also prevents 
the elector voting for more than one person for the same 
office, unless he be lawfully entitled to vote for more than 
one person for that office, and, in that event, it admits of 
his voting for as many persons for that office as he is by 
law entitled to vote for, and no more, at the same time 
preventing his voting for the same person twice; that the 
machine is so constructed that an elector may be permitted 
to vote for a candidate for whom he may be lawfully 
entitled to vote, and excluded from voting upon any ques¬ 
tions upon which he may not be lawfully entitled to vote; 
that such machine admits of the enjoyment of each elector 
of his full right and privilege in the exercise of the elec¬ 
tive franchise under the constitution and laws of this state; 


VOTING MACHINE LAWS. 


143 


that the machine is supplied with a booth so arranged that 
the operation of the machine by the elector, when voting 
cannot be seen, observed or known by any other person, 
unless such other person be inside the booth at the same 
time; that such machine, properly operated, will corectly 
register every vote cast; that the machine is constructed 
of such material that when properly cared for, there is little 
or no danger of its utility being impaired by any of the parts 
becoming rusted or corroded; that the machine may be 
safely and conveniently used by eight hundred electors in 
any one election district during the time allowed for hold¬ 
ing a general election thereon. 

Sec. 2. The present governor, secretary of state and 
attorney-general and their successors in office, are hereby 
created and made commissioners to examine voting ma¬ 
chines, and to make a report and certificate thereon, and, 
for such purpose, they are hereby authorized to employ 
such assistance as they, or a majority of them, may deem 
advisable, and the expenses thereof shall be payable out 
of any funds of the state not otherwise appropriated. The 
examination, report, or certificate of such commissioners, 
or a majority thereof, above provided for, shall not be 
required of each individual machine, but of every particular 
kind of machine before its adoption, use or purchase as 
herein provided. The certificate , when made by said com- 
misisoners, or a majority thereof, shall be filed in the office 
of the secretary of state. 

Sec. 3. The voting machine or machines to be used, 
adopted or purchased as herein provided, must be so con¬ 
structed as to meet all requirements specified in this act. 

Sec. 4. Party nomination shall be arranged on 
each voting machine either in columns or horizental rows. 
Ballot captions of cardboard or paper, which shall have 
printed thereon, in plain, clear type, the party or other 
lawful designation of the nominee, amendment or other 
proposition submited to vote, shall be so placed on said 
machines as to indicate to the voter what lever, push, knob, 
key, or other device is to be used or operated in order to 
vote in accordance with his choice. Such machines shall 
also be provided with a printed ballot or cardboard, upon 
which shall be printed in plain, clear type the name of the 
office and the name of the candidate or nominee therefor, 
or a concise statement of the amendment, or question, or 
proposition, to be voted upon. And these shall be placed 
upon such machines in such manner as to enable the voter 
to readily vote in accordance with his choice. The irreg¬ 
ular device shall be provided with similar cardboard, or 
printed paper, except that the name of the candidate shall 
not be printed thereon; and the same shall be so placed 
on said machine as to show to the voter where to deposit 
the ballot for any person for a particular office. If two 
or more persons are to be elected to the same office, for 
different terms, the term for which each is to be elected 
shall be designated on such machines as above provided. 


Commission 
examine v 
machines; 
duties and 
powers. 


Certificate to be 
filed wnii secre¬ 
tary of state. 


M chine ; must 
meet statutory 
requirements. , 


IIow nomina¬ 
tions shall ap~ 
pear on ma- \ 
chine; general 
requirements of 
machine to en¬ 
able elector to 
vote for his 
choice. 



U6 


VOTING MACHINE LAWS. 


Election officers 
to have view of 
entire polling 
place except op¬ 
eration of ma¬ 
chine; location 
of machine. 


Guard-rails; 
how con¬ 
structed; who to 
be admitted 
within. 


Party emblem; 
how placed. 


Arrangement 
for voting for 
oresidential 
electors. 


“Straight 

ticket. 


Delivery of bal¬ 
lots, ballot cap¬ 
tions, cards, 
counter labels 
and instruction 
cards for use in 
connection with 
machine. . 


Precaution to be 
taken before 
voting begins. 


Length of time 
voter permitted 
to remain with¬ 
in booth. 


Sec. 5. Every part of the polling place shall be 
in plain view of the election officers, including the watchers, 
if any, except that the operation of the machine by the 
elector shall be obscured as herein provided. It shall be 
placed at least three feet from every wall or partition of 
the room, and at least three feet from the outef guard rails 
and at least four feet from the judge’s table. Guard-rails 
shall be constructed at least three feet from the machine, 
with openings to admit- electors to and from the machine, 
and no person shall be permitted within such guard-rails 
except to enter the booth for the purpose of voting. But 
one person shall be permitted within such booth at a time 
except that a disabled elector may be furnished such assist¬ 
ance and in such manner as is now or may hereafter be 
authorized by law, and not otherwise. 

Sec. 6. The party emblem, if any is in use in the 
state, shall be placed at the head of the party ticket in 
such manner as to be easily seen; and, in presidential elec¬ 
tions, such machine may be provided in each column or 
horizontal line of party nominations with a separate push 
knob, lever, key or other device, for voting for all the pres¬ 
idential electors nominated by such party, and the numbers 
registered by the counters of that particular push knob, 
lever, key or other device, for voting for all the presidential 
electors nominated by such party, and the numbers regis¬ 
tered by the counters of that particular push, knob, lever, 
key or other device shall be counted for each and every 
one of the candidates for presidential elector of such 
political party. And in each column or horizontal line may 
be one lever, push knob, key, or other device, with a label 
as above provided, with the name of the party and the 
words “straight ticket” printed thereon in plain, large type; 
and the operation of such lever, push knob, key, or other 
device, shall vote the entire ticket, including presidential 
electors. 

Sec. 7. The officer or officers now charged by 
law with the duty of furnishing such election districts with 
ballots shall furnish each polling place using such machine 
with all ballots, ballot captions, cards, counter labels and 
instruction cards herein required; and the same shall, on 
Saturday next preceding the election at which they are to 
be used, be delivered to the clerk of the city, village, town, 
or precinct where the same are to be used, or to such other 
officer in such city, town or village to whom ballots are 
now required by law to be delivered. 

Se-c. 8. Before any voting is done on any such 
machine or machines, all the counters shall be placed so 
as to register “O,” and shall not be again changed except 
as is done by the electors in voting. - 

Sec. 9. No voter shall remain within the voting 
machine booth longer than one minute, and if he shall 
refuse to leave the said machine after the lapse of one 
minute, he shall be removed by the judges. 




VOTING MACHINE LAWS. 


117 


Sec. 10. As soon as the polls are closed the ballot 
machine shall be locked against voting, and the counting 
compartment opened in the presence of the watchers and 
all other persons who may be lawfully within the room 
or voting place, giving full view to the dial numbers an¬ 
nouncing the votes cast for each candidate, and for or 
against the various constitutional amenedments, questions, 
or other propositions. 

Sec. 11. The judges shall then add together the votes 
cast for each candidate, and ascertain the number of votes 
which each has received, and publicly announce the total 
vote for each candidate thus ascertained. Before leaving 
the room or voting place, and before closing and locking 
the counting compartment, the judges shall make and sign 
written statements or returns of such election, as now 
required by law, except that they shall not be required 
to attach any ballots, official or defective, thereto. The 
writen statements or returns so made, after having been 
signed by the judges, shall be distinctly and clearly read 
in the hearing of all persons present, and ample oppor¬ 
tunity given to compare the results so certified with the 
counter dials of such machines. After such comparison and 
correction, if any is made, the judges shall then close the 
counting compartment and lock the same. 

Sec. 12. No ballot clerk shall be elected or appointed 
in any town or city that shall have adopted the use of the 
voting machine. 

Sec. 13. Any person who shall tamper or attempt 
to tamper with any such machine or machines, or in any 
manner intentionally impair or attempt to impair its use, 
and any person who shall be guilty of or attempt any dis¬ 
honest practice upon any such machine, or with or by its 
use, shall be deemed guilty of a misdemeanor, and punish¬ 
able by a fine not exceeding one thousand dollars, or by 
imprisonment not exceeding five years, or by both such 
fine and imprisonment. [94 v. 309.] 

Sec. 14. All the provisions of the election law not 
inconsistent with this act shall apply to all elections in the 
precincts where such voting machines are used. And any 
provisions of law which conflict with the use of such ma¬ 
chine or machines as herein set forth shall not apply to the 

precinct or precincts in which an election is conducted by 

use of said ballot machine or Voting machines; provided, 
that in lieu of tli£ submission of the question to the qualified 
electors in any city, village, town, precinct, or other civil 

division of the state, of adopting a voting machine or ma¬ 

chines therein, as provided'for in section one of this act, as 
amended April 16, 1900 (94 O. L., 308), it shall be the 
duty of any body or board of public officials or any officer or 
officers, or board of elections, or deputy state supervisors 
of elections, charged by law with the duty of providing 
materials and supplies for holding an election or elections, 
upon presentation of a petition signed by sixty-five per 
centum of the electors of any precinct, ward, township, vil- 


Closing of polls; 
machine to be 
locked; count¬ 
ing compart¬ 
ment to be 
opened in pres¬ 
ence of author¬ 
ized persohs. 


Counting «nd 
announcement 
of votes. 


Judges required 
to sign returns 
before leaving 
room or locking 
counting com¬ 
partment. 


Returns to be 
read; compari¬ 
son of results. 


Services of bal¬ 
lot clerk dis¬ 
pensed with. 


Tampering with, 
impairing, orat* 
tempting to im¬ 
pair machine; 
penalty. 

Application of 
existing laws; 
conflicting laws 
not to apply. 


Application 
of existing 
laws conflict¬ 
ing laws not 
to apply. 


Provision for 
adoption of ' 
voting ma¬ 
chine upon 
petition of 
sixty-five 
per cent, of 
electors. 


VOTING MACHINE LAWS. 


.148 


lage, city or county, voting at the last preceding general 
election, praying for the adoption of a voting machine or 
machines to be used.at all the voting or polling places in 
such precinct, ward, township, village, city or county, to 
ascertain and declare whether or not sixty-five per centum 
of such electors have signed such petition, by comparing the 
names on such petition with the poll books of such election, 
if the game have been preserved, otherwise upon satisfactory 
evidence. And if it appear that sixty-five per centum of 
such electors have so signed such petition, a voting machine 
or machines shall thereupon be deemed adopted for use, and 
shall be used, at all elections thereafter to be held in all the 
voting or polling places in such precinct, ward, township, 
village, city or county. And thereupon such body or board of 
public officials, or any officer or officers, or board of elections, 
or deputy state supervisors of elections, so charged by law 
with the duty of providing materials and supplies for hold¬ 
ing elections in any such precinct, ward, township, village, 
city or county, may purchase and provide such voting ma¬ 
chine or machines, the cost of which, when purchased and 
provided by any board or officer of a city shall be borne and 
paid by any such city, out of its general revenue fund, upon 
vouchers of such board or officer, made and certified, if. by a 
board, by the president and secretary thereof, and if by an 
officer, bv such officer, which shall be allowed by the city 
comptroller, city auditor, or director of accounts, in cities 
having such officers, and in-other cities by the city clerk or 
other accounting officer, and upon his warrant paid by the 
treasurer of any such city; and when purchased and pro¬ 
vided by any board or officer of a county, shall be paid out 
of the general fund of the county treasury, upon the written 
approval of a majority of the county commissioners, upon 
vouchers of such board of officers, made and certified, if by a 
board, by the president and secretary, and if by an officer, 
by such officer. Upon presentation of such voucher or 
vouchers the county auditor shall issue his warrant upon the 
treasurer for the amount thereof, and the treasurer shall pay 
the same. Such vouchers shall, in all cases, be paid in the 
order of priority with respect to the presentation of claims 
against such general funds. [95 v. 419.] 




INDEX 


ABSTRACT OF VOTES — (See Deputy. State Supervisors of Elections.) 

Constitutional amendments, on.. 

County officers and members of the general assembly; fees. 

Presidential electors...'.. 

State, judicial and county officers, representatives in congress and mem¬ 
bers of the general assembly.38, 

Turnpikes, on question of general tax for. 

ADHESIVE SLIPS — 

Vacancy after printing of ballots, in case of. 

ADVANCEMENT — 

City or village, of.... . 

Hamlet, of, to village. 

ADVERTISEMENT — (See Notice.) 

ALDERMAN—(See Municipal Officers.) 

Vacancy in office of, election to fill.. 

ALIEN — 

Naturalization of, procedure . 

AMENDMENT — 

Constitutional; manner of submission..84, 

Constitutional; return of vote cast for or against; abstract and canvass 

of vote; publication, etc. 

Constitutional, separate ballot and ballot-box in case of submission of. .. . 

Form of ballot; action on by political party. 

APPOINTMENT — (See Various Officers.) 

Township officers of, in case of failure to elect. 

APRIL AND SPECIAL ELECTIONS — 

Ballots- for, in certain precincts.. 

Ballots for April election in municipality situated in two or more coun¬ 
ties .. 

Expenses of, how defrayed. 

Local option, municipal; special election on question of.52, 

Local option, township, special election on question on. 

Question, submission of. when special election not provided for. 

Registration laws, provisions of, applicable to.138, 

Return and canvass of vote for township and municipal officers, ntembers 

of boards of education and justices of the peace. 

Returns, abstracts and certificates of election of certain officers elected at.. 

Vacancy in office of council or alderman, -election to fill. 

ARMY — (See Military Service.) 

ARREST — 

Electors, when, privileged from. 

Loitering near polls, for. 

ASSESSORS — 

Election of, when precinct divided. 

Municipalities divided into wards.. 

Townships, certain, assessor districts in. 

BALLOT — 

April and special elections in certain precincts, for.. 

April election in municipality situated in two or more counties, printing 


and distribution for. 

Assistance in marking.106, 

Board of education, on change of membership of. 

Bonds for enlarging, improving or extending natural gas works, in sub¬ 
mission of question of issue of.32 , 


Bonds for township and municipal purposes, in submission of question of 

issue of .-. 

Burned after count in certain cities. 


PAGE 

83 

50 

46 

39 

73 

97 


23 

23 


26 

4-10 


85 


83 
102 

84 

20 

99 

99 

98 

55 

51 

82 

140 

90 

50 

26 


14 

40 


93 

25 


98. 

99 

108 

62 

33 


31 

136 


( 149 ) 






































150 


INDEX. 


BALLOT — Continued. . . rAGEr 

Candidates and their friends permitted in room during receiving and count¬ 
ing of; penalty..37, 40, 77 

Canvassing, entering and enumerating, manner of.. 100 

Casting of — 

Folding of, by elector.. 108 

Receipt and deposit of, by election officer. 108 

Secondary stub, detaching and examination of.... 108 

Constitutional amendment or other question, separate in case of submis¬ 
sion of .'... 102 

Counted, wheji, not to be, for certain office. 107 

Counting of, in' cities having registration. 135 

Custody or delivery of, offenses pertaining to; penalty. 110 

Deceiving an elector who cannot read; penalty. 76 

Delivery of, to election officers. 100 

Deposited and counted, permitted to be.. 108 

Destroying; penalty.... .... 77 

Destroying, defacing, removing, hindering delivery, etc.; penalty.. Ill 

Destruction of counted and excess-.109, 135, 136 

Device to designate party candidate. 98 

Disputed, preservation of. 109 

Distributing, or having in polling room; penalty. 141 

Elections, all, shall be by.-... 14 

Extra and unofficial..... 101 

Form and contents of...83, 101-104 

Form of; unlawful. 45 

Fraudulent .'. 45, 46 

Fraudulent voting ..,. 77 

Fusion, printing of name of candidate on, in case of. .... . 94 

High school purposes, in election on. union of districts for. 69 

Interference with elector in casting. 45- 

Local option election in townships, for. 51 

Local option election in municipalities... 53 

Loitering near polls during receiving and counting of, etc...... 37, 40, 121 

Lost or destroyed, replacing of... 100‘ 

Marking, or printing, distributing or voting unlawfully written or 

printed .!. 45, 78 

Marking, supplies and conveniences for... 104 

Packages, sealing, indorsement atid delivery of. 99 

Permitting unlawful, in ballot-box; penalty..... 141 

Preparation and casting of. * .105-108 

Offenses pertaining to. 110- 

Preparation of — 

Marking, rules for — 

Assistance of judges. 106, 108 

Black lead pencil, all marks to be by. 100 

Mixed ticket . 106 

Number of ballots to which elector entitled. 106- 

Question, submission of.. 82, 104 

Straight ticket . 106 

Substitution of name of person not on ticket. 107 

Voting shelves, as to occupancy of. 106 

When two or more persons to be elected to same office. 106 

Misleading voter, or.disclosing how he voted; penalty. Ill 

Surplus marks . 107 

Printing of name of candidate on, when two or more certificates for same 

office filed . 94 

Printing of, publication of notice of bids for; contracts for. ... 87, 90, 99 

Printing or use of, offenses pertaining to; penalty. 45, 78, 110, 111 

Proof, submission of. 99 

School district, on proposition to change..... 57, 62. 66 

School district, on proposition to centralize. 70- 

Sealing, indorsement and delivery... 90, 99, 190 

Secondary stubs, detaching, examination and destruction of. 108 

Substitution when no nomination made or name of nominee omitted: 

marking in such case. 107 

Supplies for marking, removing or destroying; penalty. 110 



























































INDEX. 


151 


BALLOT — Concluded. , 

Technicalities, disregard of. 

Unlawful to have in polling room in certain cities... 

Unlawfully obtaining, or attempting to obtain, possession of; penalty.... 

Unvoted, destruction of.. 

Return of, by elector to election officer. 

Vacancy after printing of, how filled. 

BALLOT-BOX'— .. 


Arrangement of . 104 ? 133 

Board of education, separate, in election for members of. 56, 58,’ 

Board of elections to provide, etc. 


Safe-keeping and delivery of, in counties containing cities of the first 
class ; cost of. .. 


Constitutional amendment or other question, separate, in case of submis¬ 
sion of .. .... 

Custodian of .... 

Destroying; penalty ... 

Inspection of, before opening of polls, etc. 40, 

Judge removing; penalty... 

Location of, on election day, in cities.. 

Opening of . 

Purchase and care of. 37, 80, si, 

Township school district, separate, in election on proposition to change.. 

Township school district, in election to centralize.. 

Unlawfully obtaining, or attempting to obtain, possession of; penalty.. 

Women, separate for..... 

BETTING — 

Elections, on, unlawful; penalty.... 

BLANKS — 


PAGE 

107 
134 

77 

108 
108 

97 

134 

61 

118 

80 

102 

117 
77 

133 
77. 

134 
109 

118 
57 
70 
77 
56 

74 


Custody or delivery of, offenses pertaining to; penalty. 110 

Delivery of, to election officers. 100 

Forms for ... 92 

Lost or destroyed; replacing of. 100 

BOARD OF CANVASSERS—(See Canvass.) 

BOARD OF EDUCATION — 

Ballots for, in election precincts.... 99 

Centralization, duty in relation thereto.... 70 

Cincinnati . 57, 60 

City districts of the first class other than first and second grades; redis¬ 
tricted cities; Massillon ....58-60 

City districts of the second class.,. 60-62 

Election, judges and clerks of. in certain villages. 88 

Elections, levy for expenses of.. 98 

High school, official district for. 69 

Return and casting of votes for members of... 90 

School-house, levy of tax and issue of bonds for. 68 

Schools, submission of question of additional levy for. 67, 68 

Special districts . 65, 66 

Township district, change of, to village district. 57 

Township districts .. ^.... 64, 65 

Village districts . 60, 63 

Women, rights of. 56 

BOARD OF ELECTIONS—(See Registration.) . 

. April election, when, to have ballots printed and distributed for. 99 

Duty of, when precincts changed before. 140 

Ballot—(See Ballot.) _ * 

Extra and unofficial... 101 

Packages, sealing, indorsement and delivery of.. 99 

Printing of name of candidate on ballot when two or more certificates 

for same office filed... 94 

Proof, submission of. 99 

Ballots, blanks, poll-books, tally-sheets, etc., delivery of. 100 

Lost or destroyed, replacing of. 100 


Bonds, duties when question of issue of, to be submitted to voters.. 31, 33 

Booths, guard-rails, etc., duty as to. 104 

Canvass of vote for municipal officers. 90 




















































152 


INDEX. 


BOAD OF ELECTIONS —Continued. page 

Certificate in case of involuntary mistake in registering. 136 

Certificates of election of officers; fee. 115 

Certificates of nomination and nomination papers — 

Defect in, manner of 'correcting. 97 

Filing of . 95 

Objections to. 96 

Printing of name of candidate on ballot when two or more certificates 

for same office filed. 94 

Transmission of certified copies. 98 

City, in counties containing cities of the first class, and first grade of 
the second class — 

Arrest of judge failing to make return. 80 

Ballot-boxes, safety, delivery and cost of.......* . 80, 81 

County canvassing board, board is; duties, etc. 80 

City, in counties containing cities of the first class, and first grade of 
the second class—Concluded. 

Expenses, payment of.•. 81 

Judges of election, organization of. 79 

May forward statement by mail, when. 80 

Oath of appointees.!. 79 

Poll-book, delivery and preservation of. 80 

Powers and duties.86, 114 

Precincts outside of city held to be city precincts; provisions appli¬ 
cable to such precincts. 79, 80, 114 

Provisions, duties, penalties, requirements, etc.. 79-81, 114 

Qualifications of members, secretary, clerk and assistants. 79 

Registration not required outside cities. 80 

Salaries and fees of members, secretary and officers. 81 

Vacancies among election officers on election day. 81 

City, in counties containing cities of the second class — 

Powers and duties. 86, 114 

Elections, places for holding. 118 

List of registered electors, duties as to. 131, 132 

Mahoning county . 91, 92 

Members of — 

Appointment . 116, 117 

Oath ...'. 117 

Oath, may administer. 110 

Organization . 118 

Qualifications . 116, 117 

Removals . 11(5 

Salaries; how paid. 118, 137 

Term of office. 116 

Vacancy, how filled. 117 

Votes cast for, void, when. 116 

Notices, to issue. 118 

Office of . 116, 118 

Order, resolution or action of, requires three votes. 118 

Organization . 118 

Police, requisition for. 121 

Powers and duties of, generally. 118 

Precincts, division, rearrangement, combination of. etc. 116, 118 

President, election of.:■. 118 

Primary election, conduct of.34-37 

Printing, contracts for ; notice. 99 

Printing of name of candidate on ballot when two or more certificates for 

same office filed . 94 

'“Registers of electors;” contents; form. 121, 123 

Registrars, judges and clerks, as to.. 118, 121 

Registration by order of. 132, 139 

Certificate in case of involuntary mistake in registering. 136 

Registration, to appoint places of. 118 

Rules and regulations, issuing of. 118 

Salaries and expenses: how paid. 118, 137 

Secretary — 

Appointment: qualification; term: removal; vacancy. 117 

Assistants; salary, and how paid: oath. ng 


























































INDEX. 


153 

BOARD OF ELECTIONS — Concluded. page 

Secretary — Concluded. 

Custodian of ballot-boxes, records, etc. 117 

Duties . 117 

Oath of .'.. 117 

Oath, may administer. 120 

Registering officer, duties as. 124, 125, 139 

Salary; how paid. 118, 137 

Session on day of election; powers. 136 

Summit county . 91, 92 

Substituting officers on election day...,. 129 

bonds — 

Municipal, purposes for which, may be issued; tax for redemption; sub¬ 
mission of question to voters. 28, 33 

School-house, submission of question of issue of. 68, 70 

Township, purposes for which, may be issued; tax for redemption; sub¬ 
mission of question to voters. 28, 31 

Turnpikes, for . 72, 73 

BOOTHS AND GUARD-RAILS — 

Furnishing; care; arrangement; number of voting shelves, etc.. 90, 104 

BRIBERY — 

Delegates or electors, of; penalty. 75 

•Forfeiture of elective franchise by reason of conviction of. 14 

Giving bribe; penalty. 102 

Competent witness in prosecution for... 114 

Forfeiture of office for.. 114 

Intimidating voter by (Lh S. law). 10 

Primary elections, offering bribes to voters at; penalty. 75 

Receiving bribe; penalty. 113 

Competent witness in prosecution for. 114 

Disfranchisement for . 114 

CANDIDATE— (See Nomination.) 

Bribery of delegate or elector; penalty. 75 

Ineligible to serve as judge or clerk. 93 

Nominee by petition, substitution of. 94 

Other political party, of, substitution of. 94 

Polling-room, permitted in; penalty.•. 30, 40, 77 

Primary election, offering bribe at; penalty. 75 

Printing of name on ballot when two or more certificates for same office 

filed . 94 

Substitution of name and marking of ballot when regular nominee omitted 107 
CANVASS — 

Abstracts by deputy state supervisors of elections. 38, 39, 90 

April or special election, of vote of certain officers voted for at. 50 

Board of education, of vote for members of. 90 

Candidates and their friends permitted in room during; penalty. 37, 40, 77 

City board of canvassers, constitution and duties of. 139 

Constitutional amendment, vote on, of. 83 

Counties containing cities of the first class, and first grade of second 

class, in . 80 

County board of canvassers, adjustment of discrepancies by. 137 

judges and clerks of election, by.... 109 

Justices of the peace, of vote for. 90 

Loitering near polls during.37, 40, 121 

Municipalities, of vote in. 26, 27 

Municipal officers, of vote for. 90 

Presidential electors, of returns for. 46 

Primary elections, of result of. 34. 37 

Township officers, of vote for. 90 

Turnpikes, of vote on question of general tax for. 72. 73 

CARDS OF INSTRUCTION — 

Custody or delivery of, offenses pertaining to; penalty. 110 

Defacing, removing, etc.; penalty. Ill 

Delivery of, to election officers.. 100 

Forms for . 92 

Lost or destroyed, replacing of. 100 

Placed, where, to be. 110 























































154 


INDEX. 


CARDS OF INSTRUCTION — Concluded. page 

Printing of, publication of notice of bids for; contracts, etc.... 87, 90, 99 

Centralization districts — 

Submission of question of. 09, 72 

CERTIFICATE OF ELECTION — 

April or special election, of certain officers at. 50- 

Circuits and districts, in...39, 50- 

County officers and members of'the general assembly.-. 50 

Deputy state supervisors to issue.39, 50, 90, 115 

Presidential electors.....46, 47 

Primary election, of candidate having highest number of votes at. 35 

State, judicial and county officers and justices of the peace; fee-s. 115 

CERTIFICATE OF NOMINATION — 


Contents of, etc.94, 95 

Defect in, manner of correcting. 97 

Device to designate party candidates.98 

District or circuit, in, decision of questions as to.90, 96, 115 

Filing of; objections to; validity of, etc.90, 95, 96 

Montgomery county and Dayton, when filing unnecessary in. 35 

Forms for. * .79, 92 

Objection to validity .90, 96, 115 

Offenses pertaining to; penalty. Ill 

Preservation and inspection of. 96 

Printing of name of candidate on ballot when two or more filed. 94 

Transmission of certified copies... 90 

CHALLENGE — 


Challengers, party, designation, rights, privileges and oaths of, etc. .105, 133 


Elector may, when. 41 

Judges of election shall, when.. . 41 

Proceedings of judges upon.41, 43 

Oath of challenged person.41, 43, 12£ 

Primary election, at. 36 

Questions to be put by judges.41, 42 

Registration law, under.125, 129, 133, 134 

Rejection of vote. 42 

“Sworn,” entry of, on poll-book . 43 

Who may . 105 

CHALLENGER—(See Challenge.) 


CHIEF DEPUTY— (See Deputy State Supervisors of Elections.) 
CHIEF SUPERVISOR—(See Supervisors of Elections.) 
CHILDREN — 


Born abroad, as to citizenship'of.•. 

CINCINNATI—(See Registration.) 

Ballots, delivery of... 

Board of education. 57 , 

Infirmary, legal residence of inmates of. 

Polls, time for closing..40, 


CIRCUIT — 

Abstracts and certificates of election in.. 39 , 

Certificates of nomination and nomination papers — 

Decision of , question-s as to.90, 96, 

Defect in, manner of correcting.. ....’ 

Filing of .:.. 95 , 


Objections to ....\. 

Transmission of certified copies.... 

CIRCUIT COURT — 

Matters to be decided by, in certain counties. 

CITIZENSHIP—(See Elector.) 

Ohio constitution, qualifications of electors. . .. 

Forfeiture of citizenship... 

United States laws — 

Citizens ,who are.. ... 

Expatriation, right of, declared.. 

Forfeiture of..«. 3 

Redemption from forfeiture..’ 

Naturalized citizens, _ protection of, in foreign countries.* 

Race, color, or previous condition not to affect right to vote. 


3‘ 

100 

60- 

44 

134 

34 


50- 


115 

97 

97 

96- 

98' 


80 

14 

14 

3 

4 
4 

3 

4 
4 





















































INDEX. 


155 


CITY —(See Municipal Corporations; Registration.) 

CITY BOARD OF CANVASSERS — (See Canvass.)' 

CITY BOARD OF ELECTIONS — (See Board of Elections.) 
Cl VIL RIGHTS — 


Conspiracy to injure or intimidate citizens in the exercise-of. 

Depriving citizens of, under color of state laws. 

Marshal refusing to receive or execute process. 

Obstructing execution of process in civil right cases. 

CIVIL TOWNSHIP — 

Elections in, conduct of, etc. 

CLERK— (See Deputy State Supervisors of Elections.) 

CLERK OF MUNICIPALITY — 

Ballot—(See Ballot.) 

April election, when, to have ballots printed and distributed for. 

Extra and unofficial ballots... 

Proof, submission of.. 

Ballots, blanks, poll-books, tally-sheets, etc., delivery of. 

Lost or destroyed, replacing of.:. 

Ballot-boxes, dut 7 as to.. 

Booths, guard-rails, etc., duty as to.. 

Canvass of vote for municipal officers... 

Expenses of elections in municipality situated in two or more counties, 

apportionment of . 

CLERKS OF ELECTION — 


Appointment; term; apportionment politically; vacancy ; compensation ; 

removals . 

Ballot;— (See Ballot.) 

Canvassing, entering and enumerating, manner of..... 

Misleading voter or disclosing how he voted; penalty. 

Preparation and casting of.105, 

Result, certified copies of. 

Board of education, conduct and returns of election of.. 

Board of education elections in certain villages. 

Candidate ineligible to serve.. 

Challenge, may.<. 

Civil township, how chosen in; oath....18, 

Compensation.36, 81, 88, 114, 

Constitutional amendment or other question, as to submission of. 

Duties; penalties to which subject... .89, 

Fees in counties containing cities of the first class.. 

Misconduct of; penalty.-. 

Municipal elections, certain, in...88, 

Oath .19, 20, 88, 

Period during which, shall not separate nor leave polling place under 

penalty .... 

Primary election, selection, duties and compensation at..34, 

Refusal to serve or perform duties; penalty. 

Registration in cities having — 

Appointment; term; qualifications; oath.118, 

Certificate of appointment. 

Certificate of result-for board of election and witness.135, 

Certificate to poll-book. 

Compensation ; how paid.'..118, 

Examination, appearance for; penalty for failure to appear, or refusal 

or neglect to qualify.. 

Exemption from jury and military duty... 

Proceedings upon close of polls.. 135, 

Removal ... 

Substituted, on election day; notice.. 

Vacancy ... 

Return of vote for township and municipal officers, members of boards 

of education and justices of the peace... 

Returns, tally-sheets and poll-books, making, transmission and preserva¬ 
tion of. 

Supplies for conducting elections, offenses pertaining to custody or de¬ 
livery of; penalty ....... c ..... 

“Sworn,” when, to enter word on poll-book. 


page 


11 

11 

12 

11 

18-22 


r 


99 

101 

99 

100 
100 
37 

104 

90 


109 

111 

108 

109 

60 

88 

93 

105 

19 

138 

102 

115 

81 

77 

90 

89 

no 

36 

19 

119 

120 
136 

135 
138 

119 

120 

136 
120 
120 
120 


90 


82 

HO- 

43: 



















































156 


INDEX. 


CLERKS OF ELECTION — Concluded. page 

Term . 88 

Vacancy ..19, 88 

Votes cast, certification of. 109 

COLOR — 

Right to vote, not to affect. 4 

COMMISSIONS — 

Officers, of; fees. 115 

COMMITTEE — (See Executive Committee.) 


COMMITTEEMAN — (See Precinct Committeeman.) 
COMPENSATION—(See Fees.) 

CONGRESS — 


Representative in, election and term of. 49 

Vacancy, special election to fill. 49 

Abstracts in such case.*... 39 

CONSPIRACY — 

Civil rights, to injure or intimidate citiz'ens in the exercise of. 11 

Office under United States, to prevent accepting or holding. 12 

Protection of the laws, to deprive any person of equal. 12 

CONSTABLE — 

Arrest of judge failing to make return, in certain counties. 80 

Election; term, etc. 20 

Loitering near polls, duty as to... 40 

Notice of annual township election, to serve. 20 

Obey and aid iudges of election, shall; penalty. 121 

CONSTITUTIONAL AMENDMENT —• 

Action on by political party, etc., return of vote on; abstract and canvass 

of vote ; publication, etc. 83 

Manner of submission; printing on ballots. 84 

Separate ballot and ballot-box in case of submission of... 102 

CONTEST OF ELECTION — 

Presidential electors, of.46, 48 

CONTRACT — 

Printing, for . 99 

CONTRIBUTION—(See Candidate.) 

CONVENTION — (See Candidate.) 

Bribery of delegate at; penalty... 75 

Proxies, unlawful in. 36 

CONVICT — 

Incompetent to be am elector or hold office; restoration of rights; pen¬ 
alty .......74, 76 

CORRUPT PRACTICES—(See Crimes and Offenses.) 

Preventive; repeal of act. 82 

COSTS — 


Defrayed, how . 98 118 

COUNCIL—(See Municipal Officers.) 

Advancement or reduction of city or village, duty as to.23, 24 

Bonds, municipal, purposes for which, may issue; tax for redemption’; 

submission of question to voters. 28-36 

Levy for expenses of elections.. 98 

Places of holding elections...26, 38 

Turnpikes, bonds and tax for.’ 73 

Vacancy, election to fill. on 

COUNCILMAN — (See Council.') 

COUNTY — 


Question, submission of. to voters. 

COUNTY BOARD OF CANVASSERS — (See Canvass.) 
COUNTY COMMISSIONERS—(See County Officers,) 

Levy for expenses of elections.. 

Notice of election in civil townships, to give. 

Organization of original surveyed townships, duties as to 

Turnpikes, questions of general tax for. 

COUNTY ELECTIONS — 

Proclamation and time of. 

COUNTY OFFICERS — 

Certificate of election and abstract of votes. 

Election of, proclamation and time of. 

Tie vote for, to be determined by lot... 



82 

87, 

98 


18 


1'6 

72, 

73 


56 



49 

49, 

5# 











































INDEX. 


157 


CRIMES AND OFFENSES — 

Ohio laws — 

Ballot — 

Custody or delivery of, offenses pertaining to. .•. 

Destroying . 

Marking or printing, distributing or voting unlawfully written 

or printed .45, 

Possession of, unlawfully obtaining or attempting to obtain. 

Preparation and casting of, offenses pertaining to. 

Printing or use of, offenses pertaining to.45, 78, 110, 

Printing, distributing or voting certain, unlawful. 

Ballot-box — 

Destroying . ' . 

Possession of, unlawfully obtaining or attempting to obtain. 

Ballots, blanks, poll-books, cards of instruction, etc., offenses per¬ 
taining to custody or delivery of. 

Betting on elections. 

Bribery — 

Delegates or electors, of.... 

Giving bribe; competent witness in prosecutions for; forfeiture of 

office for . - .112, 

Receiving bribe; competent witness in prosecution for; disfran¬ 
chisement for.113, 

Certificates of nomination, letters of withdrawal, ballots, cards of in¬ 
instruction, supplies for marking ballot, delaying voter, etc., 

offenses pertaining to. 

Clerks of election, misconduct of.\. 

Misleading voter, or disclosing how he voted. 

Deceiving an elector who can not read. 

Deputy state supervisor of elections or clerk, violation, neglect or 

wrong performance of duty, or disobedience by. 

Employer refusing employe time off to vote. 

Felony, incompetency of person convicted of, to be an elector or hold 

office .74, 

Forfeiture of elective franchise for. 

Fraudulent voting . : . 

Indictment, how election is averred in; what counts may be joined 

in ...78, 

Interfering with elector in casting his ballot. 

Intimidating voter, or impeding or preventig free exercise of elective 

franchise; competent witness in prosecution for. 

Intoxicating liquors, selling or giving away, or keeping place where 

sold open on election day. 

Judges of election, offenses by . . 

Misleading voter or disclosing how he voted.* 

Local option-in townships, violation of act providing. 

Loitering near polls.37, 40, 

Poll-book and tally-sheet — 

Custody or, delivery of, offense pertaining to. 

Destroying . ^ . 

Fraudulent writing on..'. 

Possession of forged or altered, with fraudulent intent. 

Primary elections — 

Attempting to intimidate electors or judges at. 

Bribes, offering, for voters at. 

Omissions of duty and fraudulent voting. 

Proxies, delegates selected giving. 

Procuring illegal vote.. \ ..... ....,. 

Procuring an elector to go or come into a county of which he is not a 


resident to vote... 

Prosecution of violation of election laws.01, 

Prosecutions, time within which, to be commenced.78. 


Public officer, violation, neglect, or wrong performance of duty, or 

disobedience, by. 

Register, damage or destruction of. 

Registrar failing to perform his duties.... 

Registrar, judge or clerk of election failing to appear for examination 
or refusing or neglecting to qualify. 


PAGE 


110 

r^-7 


78 

77 

111 

111 

45 


HH 

i l 


110 

74 


114 

114 


ill 

77 

111 

70 

91 

113 

70 

14 


7!) 

45 

114 

74 

77 
111 

51 

121 

110 
nrr 
( \ 

78 
78 

75 
75 
75 
36 
70 

70 

112 

114 

112 

119 

119 


119 

















































158 


INDEX. 


CRIMES AND OFFENSES — Concluded. page 

Ohio laws — Concluded. 

Registration laws, under (See Registration). ..119, 121, 140-142 

Voting — 

Fraudulent .'.. £7 

More than once at the same election.. 76 

Not being a resident of this state..... 76 

Not being a resident of the county thirty days. 76 

Not being a resident of the precinct twenty days.T’. 76 

Without a residence of one year; not being twenty-one years of 

_ , _ •, • . _• ’ j i. 


Voting machine, tampering with or impairing. 146 

United States laws — 

Armed troops, bringing of, to places of election...... 12 

Civil rights cases, obstructing execution of process in. 11 

Conspiracy — 

Civil rights, to injure or intimidate citizens in the exercise of.. 11 

Equal protection of the laws, to deprive any person of. .. 12 

Office under United States, to prevent accepting or holding. 12 

Depriving citizens of civil rights under color of state.laws. 11- 

Desertion from military or naval service. 3, 

Draft into military or naval service, avoiding. 

Intimidating voters by bribery or threats.. 4 

Marshal refusing to receive or execute process. 12 

Naturalization, violation of laws in reference to.... 8-10 

Right of suffrage, interference with, etc., by army or naval offi¬ 
cer .4, 12, 13 

CUYAHOGA COUNTY— ' ' 

Nominations by petition in. 95 

DAYTON — 

Primary elections .. 34, 37 

DELEGATE — 

Bribery of; penalty. 76 

Proxy, may not appoint. 36 

DEPUTY MARSHAL—(See Marshall 

DEPUTY STATE SUPERVISORS OF ELECTIONS — 

Abstracts of returns, to make and transmit. 82, 90 

Abstracts of votes — 

April or special election, for certain officers voted for at.. v . 50 

Certifying, signing and depositing of. 39 

Circuits and districts, in. 39, 50 

Congress, in election to fill vacancv in office of member of. 39 

Constitutional amendment, on. 82 

Copies, making and transmission of certified.:. 39 

County officers and members of the general assembly, for; fee. 50 

Making, time and manner of. 38 

State, judicial and county officers, representatives in congress and 

members of the general assembly, for. 38, 39 

Validity of returns, as to. 39 

Appointment, qualifications, terms, vacancies and removals. 85, 86 

Assessor districts, duties not interfered with by act providing for. 25 

Assessors, election of, when precinct divided. 93 

Ballot—(See Ballot.) 

Disputed, preservation of. 109 

Extra and unofficial.....'.. 101. 

Proof, submission of..-. 99 

Sealing, indorsement and delivery of. 90, 99, 100 

Ballot-boxes, purchase and care of. 37 

Ballots, blanks, poll-books, tally-sheets, etc.; delivery of. 90, 100 

Lost or destroyed, replacing of.. 100 

Bond of bidder for printing. 99 

Bonds, township or municipal, duties when question of issue of, to be 

submitted to voters .. 31 , 33 

Booths, guard-rails, voting-shelves, etc., furnishing, care and custody 

of, etc ...... 90, 104 

Certificates of election, to issue. 90 

April or special election, of certain officers-elected at.~ 50 

Circuits and districts, in; fee. 39 , 50, H 5 




















































INDEX. 


159 

DEPUTY STATE SUPERVISORS OF ELECTIONS — Concluded. page 

Certificates of election, to issue — Concluded. 

County officers and members of the general assembly, of; fees.. 39, 115 

Judicial and county officers and justices of the peace; fees.39, 115 

Certificates of nomination and nomination papers — 

Defect in, manner of correcting. 90,95, 97 

Filing of. 96 

Montgomery county and Dayton, when filing unnecessary in. 35 

Objections to . 90, 96, 115 

Printing of name of candidate on ballot when two or more certificates 

for same office filed. 94 

Transmission of certified copies. 90, 98 

Chief deputies and clerks, questions to be decided by. 90, 96, 115 

Chief deputy — 

Certificates of nomination and nomination papers, filing of. . 90, 95, 96 

Defect in, manner of correcting. 97 

Objection to . 90, 96, 115 

Transmission of certified copies. 90, 98 

Selection and term of. 86 

When to act for associates.. 90, 96, 115 

Clerk — 

Oath . 89 

Power to administer..... 87, 88 

Organization, report of. 87 

Selection, term and salary.. 86, 87 

Violation, neglect, or wrong performance of duty, or disobedience 

by; penalty . 91 

Clerks of election, appointment of; removals; oath... 88, 93 

Compensation . 87 

Creation of office. 85 

Duties, general . 81, 89, 115 

Duty, violation,' neglect, or wrong performance of, or disobedience; 

penalty . 91 

Expenses of elections, how defrayed. 98 

Forms for guidance. 92 

Investigation of irregularities or non-performance of duty by election 

officer; report; prosecutions. 91, 112 

Judges of elections, appointment of; presiding judge; removals; oath 88, 93 

Justice of the peace, result of election for, to be certified to. 90 

Laws applicable to elections, distribution of. 87 

Mahoning county . 91 

Montgomery county, polling places in. 81-82 

Primary elections in.. 34, 37 

Nominations—(See above, Certificates of Nomination and Nomination 

Papers) ..90, 93-97, 115 

November election, returns of.-....86, 114 

Oath . 88 

Power to administer. 88 

Organization ; report thereof. 87 

Poll-book, delivery of, at polling place. 90 

Furnishing -of . 37 

Paper to be received as. 39 

Precincts, division, rearrangement, combination of, etc. 92, 93 

Printing, notice of bids for; contracts; bond of bidder, etc.. 80, 87, 90, 99 

Printing of name of candidate on ballot when two or more certificates for 

same office filed... 94 

Qualifications . 85 

Questions to be submitted to state supervisor when. 90, 96 

Removals . 86 

Returns of election, to receive, make abstracts of, etc. 90 

Sessions . 87 

Summit county. 91 

Tally-sheets, furnishing of. 37 

Term of office. 85 

Tie votes for county officers and members of the general assembly to be 

determined by lot. 49, 50 

Vacancy in office... 86 

Vacancy on ticket, manner of filling. 90 





















































160 


INDEX. 


DESERTERS — page 

. Forfeiture of citizenship by... 3, 

Exemption from forfeiture. 3 

DEVICE — 

Partv candidates, to designate.. • • 98 

DISFRANCHISEMENT — 

Receiving bribe, for. 114 

DISQUALIFICATIONS — 

Office under United States, for holding. 13 

DISTRICT — ' 

Abstracts and certificates of election in. 39, 50 

Certificates of nomination and nomination papers, filing of.... 90. 95, 96 

Decision of questions as to. 90, 96, 115 

Defect in, manner of correcting. ••• 97 

Objections to........ 90, .96, 115 

Transmission of certified copies. 90, 98 

DIVISION — 

Precincts, of . 93, 116, 118 

DRAFT — 

Citizenship, forfeiture of, for avoiding. 4 

East Liverpool — 

Registration, laws applicable to. 142 

ELECTION PRECINCTS—(See Precincts.) 

ELECTIONS—(See Various Titles.) 

Ohio laws — 

April election— (See April and Special Elections.) 

Arrest, when electors privileged from. 14 

Ballot, all elections shall be by. 14 

Bonds for township and municipal purposes, submission of question 

as to issue of. 31, 33 

Congressional, time of.,. 49 

County, proclamation and time of. 49 

Expenses of, how defrayed; levy of tax, etc. 87, 98, 118, 138 

Laws applicable to, collation, publication and distribution of. 87 

Local option in municipalities..52-55 

Local option, in townships. 51, 52 

Municipal — 

Council or alderman, to fill vacancy in office of. 26 

First, in municipality. 22, 23 

Hamlet , of officer of. 22 

Judges and clerks in certain. 88, 93 

Officers, of, generally A. 25, 26 

Police, detail of, on day of.... 27 

Precincts, council to designate.... 26 

Proclamation of mayor as to sale of liquor. 27 

Registration . 116, 143 

Surrender of corporate rights, to determine question of. 24, 25 


J. >V uv vivu i uimv , in tain . OO 

Presidential—(See Presidential Elections).46-48 

Primary . 34. 37 

Public, how held and conducted... 85, 92 

Public officers, conduct of elections, of. 82, 92 

Registration laws—(See Registration). 116, 143 

School—(See School Elections) ... . . 56, 71 

State, proclamation and time of. 49 

Supervisory laws . 85, 92 

Township — 

Annual: constable to post notice of, etc. 20, 21 

Civil, in; conduct of, etc. 18, 22 

Held, where and how; returns of.... . 50, 90 

Officers of; terms, etc. 20 

Original surveyed, in: conduct, notice of, etc. 10 

Place of holding, township trustees to fix. 18 

Public library, for. 21 

Returns of ...'. 50, 90 

Turnpikes, on question of general tax for.72, 73 

Voting machines, purchase and use of. in. 144 _ 14 g 





















































INDEX. 


161 


ELECTIONS — Concluded. page 

Who may vote at. 14 

United States laws — 

Bringing armed troops to places of. 12 

Interference with, by army or naval officers.4, 12, 13 

Race, color or previous condition not to affect the right to vote. 4 

ELECTIVE FRANCHISE—(See Right of Suffrage.) 

Forfeiture of, for receiving bribe. 114 

Impeding or preventing free exercise of; penalty. 113 

Competent witness in prosecutions for. 113 

Ohio constitutional provisions as to....14, 15 

United States laws relating to.4, 10-13 

Women, rights of. 56 

ELECTOR— (See Crimes and Offenses.) 

Ohio laws— , 

Application by electors for organization of original surveyed town¬ 
ship . 16 

Arrest, when privileged from. 14 

Ballot— (See Ballot.) 

Preparation and casting of.105, 108 

Assistance in marking..106, 108 

Offenses pertaining to; penalty. Ill 

Bribery of; penalty.75, 112, 114 

Competent witness in prosecutions for. 113 

Challenges — (See Challenge.).36, 41, 43, 105, 125, 129, 133, 134 

Convict incompetent to be; penalty.74, 76 

Eligibility for voting or holding office, power of general assembly as 

to .. 14 

Idiot or insane person not entitled to privileges of. 15 

Intimidating, or impeding or preventing free exercise of elective fran¬ 
chise; penalty; competent witness in prosecutions for. 113 

Local option election in township, who permitted to vote at. 51 

Misleading, or disclosing how he voted; penalty. Ill 

Municipality, who is elector of. 26 

Persons not considered residents of Ohio.... 15 

Presidential—(See Presidential 'Elections.).*.46-48 

Primary election, attempting to intimidate elector at; penalty... 75 

Qualifications of persons to vote at. ; . 34 

Qualifications of, under Ohio constitution...... 14 

Question submitted to, vote necessary for adoption of, etc. 82 

Registration — (See Registration.).116-143 

Residence—(See Residence). 43 

Screening and convenience, provisions for..._. 104 

Substitution when no nomination made or name of nominee omitted; 

marking of ballot in such case.... 107 

United States laws — 

Crimes against elective franchise..'.4, 10-13 

Officer of army or navy interfering with, etc. .4, 12, 13 

Race, color or previous condition not to affect right to vote. 4 

ELIGIBILITY — 

Convict, of, to vote or hold office; penalty.74, 76 

Electors of president and vice-president of... 46 

General assembly’s power as to eligibility for voting or holding office. 14 


EMPLOYMENT — 

Person may absent himself from, to vote. 

EXECUTIVE COMMITTEE OF POLITICAL PARTY — 

Ballot, submission of proof of... 

Canvass of returns of primary elections. 

County, designation of inspectors of count by.... 

Deputy state supervisor of elections, recommendation of. 

Witnesses and challengers in cities, designation of. 

EXPATRIATION — 

Right of, declared... 


113 ' 

99 

36 

108 

85 

133 

4 


EXPENSES — 
Defrayed, how 


138 


87, 98, 118, 




















































162 


INDEX. 


FEES — 

Board of elections — 

Members, salaries of; how paid.81, 118, 

Counties containing cities- of the first class......•. 

Secretary, salary of; how paid.81, 118, 

Assistant, salary of; how paid... 

Counties containing cities of the first class, and first grade of 


the second class. 

Clerks of election — 

Compensation of ..36, 81, 88, 114, 

Cities having registration; how paid..118, 


Counties containing cities of the first class, and first grade of 

the second class.. 

Primary elections.. 

Commission, fee for ....... 

Deputy state supervisors of elections, compensation of. 

Abstract of votes for county officers or member of the general as¬ 


sembly, fee for making. 

Clerk, salary of. 

Judges of election — 

Compensation of.36, 81, 88, 114, 

Cities having registration; how paid.118, 

Counties containing cities of the first class. 

Primary elections . 

Presidential elector, fees and mileage of. 

Registrars, compensation of; how paid...118, 

FELONY — (See Crimes and Offenses.) 

FINDLAY — 

Registration law applicable to.126, 

FINE — (See Penalty.) 

FOREIGN COUNTRIES — 

Protection of naturalized citizens while in. 

FORFEITURE — 

Citizenship, of .3, 4, 


Exemption from forfeiture.. 

Office, of, for giving bribe. 

FRANCHISE— (See Elective Franchise.) 

FRAUDULENT BALLOT—(See Ballot.) 

FUSION — 

Printing of.name of candidate on ballot in case of. 

GALLIA COUNTY — 

Primary elections in. 

GENERAL ASSEMBLY — 

Certificate of election of member; abstract of votes.. 

Elective franchise, power as to forfeiture of. 

Member to deliver copy of abstract to president of the senate. 
President of the senate, copies of abstracts to be forwarded to 

Tie votes for members to be determined by lot. 

Vacancy in office of member of. 

GENERAL ELECTION — 

How expenses of, defrayed. 

GOVERNOR — 

Certificate to presidential elector of all electors elected. 

ComSmissions of officers; fees... 


Contest of presidential elector’s election, as to.46, 

Presidential electors, certificates and notice of election of.46, 

Tie vote for presidential elector... 


Vacancy in office of representative in congress or member of general 

assembly, writ of election in case of. 

GUARD-RAILS—(See Booths and Guard-Rails.) 

HAMILTON COUNTY — (See Cincinnati.) 

Nomination by petition in. 

HAMLET— (See Municipal Corporations.) 

HEARSE — 

Question of purchase in townships to be submitted to vote.21, 

HIGH SCHOOL — 

Special district for.-.'.. .. 


PAGE 

137 

81 

137 
118 

81 

138 
138 

81 

36 

115 

87 

50 

87 

138 

138 

81 

36 

48 

138 


128 


4 

14 

3 

114 


94 

34 

50 

14 

39 

39 

49 

49 


98 


48 

115 

47 

48 

48 

49 


95 


22 


69 












































INDEX. 


163 


IDIOT — 

Elector, not entitled to privileges of. 

ILLEGAL VOTE—(See Crimes and Offenses.) 

INCORPORATION — 

Of territory surrounding summer resort, etc., submission of question to 

vote . 

Original surveyed township. 

INDICTMENT- 

HOW election averred in; what counts may be joined in. 78, 

INFIRMARY — 

Legal residence of inmates. “ . 

INSANE — 


PAGE 

15 

22 

16 

79 

44 


Elector not entitled to privileges of. 15 

INSPECTOR — 

Party, appointment and privileges of. 108 

INSTRUCTION—(See Cards of Instruction.) 

INTERFERENCE — 

Elector, with, in casting his ballot... 45 

Officers of United States army or navy, by.. 4, 12, 13 

INTIMIDATION — 

Attempting to intimidate elector or judge at primary election; penalty.. 75 

Voter, of; penalty; competent witness in prosecutions for. 113 

Voters, of, by bribery or threats *(U. S. law). 4 

INTOXICATING LIQUORS — 

Local option in townships... 51, 52 

Local option in municipalities..52-55 

Proclamation of mayor as to sale of. 27 

Selling or giving away, or keeping place where sold open on election day; 

penalty . 74 

JUDGES OF ELECTION — 

Appointment; term; apportionment politically; vacancy; presiding judge; 

• compensation; removals . 88 

April or special election, returns of certain officers voted for at. 50 

Arrest of, failing to make return, in counties containing cities of the 

first class . 80 

Ballot—(See Ballot.) 

Assistance of elector in marking. 106, 108 

Canvassing, entering and enumerating, manner of. .. 109 

Custody or delivery of, offenses pertaining to; penalty. . . 110 

Delivery of ._... 100 

Deposited and counted, permitted to be. 108 

Destruction of counted and excess.. 109,135, 136 

Dispersing with persons interfering with casting of. 45 

Disputed, duty as to. 109 

Extra and unofficial... 101 

Lost or destroyed, replacing of... 100 

Misleading voter or disclosing how he voted; penalty. Ill 

Preparation and casting of... 105, 108 

Result, announcement and certified copies of. 109 

UnVoted, destruction of._. 1<!9 

Vacancy, after printing of, pasters in case of. 97 

Ballot-box, inspection of, before opening of polls. 40, 133 

Removing; penalty . 77 

Return of, to proper officers. 37 

Booths, guard-rails, etc., duty as to. 1*4 

Candidate ineligible to serve. 93 

Candidates and their friends permitted in polling room. 37, 40, <7 

Cards of instruction, where to be placed. 101 

Challenge—(See Challenge) .. 41, 43 

May . 105 

Party challengers, oath and privileges of.. 105, 133 

Primary elections . 36 

Compensation — (See Fees). 36, 81, 88, 114, 138 

Constitutional amendment or other question, as to submission of.... 107 

Duties; penalties to which subject. 89, 115 

Fees in counties containing cities of the first class. 81 

Fraudulent votes. knowingly counting ; penalty.. 77 

Loitering near polls, powers and duties as to. 40 




















































164 


INDEX. 



JUDGES OF ELECTION — Continued. page 

Misconduct of; penalty... ^ 

Municipal elections, certain, in. 88, 93 

Oath . .............19> 39- 

Organization, in precincts outside of cities, in counties containing cities 

of the first class, etc... 79' 

Period during which, shall not separate nor leave polling place u,nder 


penalty . H9 

Polls; when to be opened and closed.X . 40, 134* 

Polling place, who admitted to . . . 37, 40, 109 

Postponing counting, adjourning, or removing ballot-box; perialty. 77 

Presiding judge — 

Ballots, etc., duty as to delivery of. 199- 

Designation of . 88 

Oath, who may administer to; power to administer . 87, 88 

Returns of elections .••• 119 

Primary election, selection, duties and compensation at.34-37 

Attempting /to intimidate judge at; penalty. ■>,.... 75 

Omission of duty at; penalty. 75 

Refusal to serve* or perform duties, penalty for. 19 

Registration, judges in cities having — 

Appointment; term; qualifications.; oath. 118, 119 

April and other elections, as to. V. . v .138-140- 

Ballots, destruction of excess. 135, 130 

Certificate of appointment. 120 

Certificate of board of elections entitles elector to vote in case of 

involuntary mistake in registering. 136 : 

Certificate of result for board of elections and witness; announcement 

from police, telegraph or telephone station . 135, 130 

Chairman calling for ballots, compensation of. 114 

Challenges—■ (See Challenge).... 125,1*29, 133, 134 

Clerk, removal of; substituted clerk; notice... 120- 

Compensation; how paid. 114, 118, 138 

Completion of work without adjournment.. 137 

Count of votes by.'....... 135, 130 

Election day, duties on...._.„. 134 

Examination, appearance for; penalty for failure to appear, or refusal 

or neglect to qualify. 119' 

Exemption from jury and military duty. 120’ 

Expulsion of, by other three. 134 

Meeting on evening prior to election. 133. 

Organization; duties . 133- 

Poll-book, certificate to.:. 135 

Disposition of . 136 

Polls, opening and close of. 134 

Powers and duties as peace officers.. 120, 121 

Proceedings upon close of polls.. 135, 136 

Proclamation of total vote cast.. 135 

Removal of . 120- 

Result, abstract of . 136' 

Return of registers, ballot-box, etc . 136 

Substituted, on election day; notice. . . 120- 

Vacancy . n . 120 

Witnesses and challengers, duties as to. 133 

Residence—(See Residence).. ... 43, 44 

Return of vote for township and municipal officers, members of boards of 

education and justices of the peace . 90 

Returns, tally-sheets and poll-books, making, transmission, and preser¬ 
vation of .. . . 82, 110- 

School elections, conduct and returns of .....56-71 

Supplies for conducting election, delivery of . 100 

Custody or delivery of, offenses pertaining to; penalty . 110 

Lost or destroyed, replacing of . 100 

Opening of packages . 101 

Term . 87 

Tie vote for member of board of education to be decided by lot. 65 

Township officers, conduct' and returns of election of. 50, 99 




























































INDEX. 


165 


JUDGES OF ELECTION — Concluded. ' page 

Turnpikes, conduct and returns of election on .question of general tax 

for; fees .:. 72, 73 

Vacancy in office, how filled. 19, 88 

Vacancy after printing of ballots, pasters in case of. 97 

Votes cast, certificate and proclamation of.. 109 

JUDICIAL CIRCUIT — (See Circuit.) 

JUDICIAL DISTRICT — (See District.) 

JUSTICE OF THE PEACE — 

Certificate of election and commission; fee. 115 

Return and canvass of votes for. 90 

LAWS — 

Election, collation, publication and distribution of. 87 

LEGAL RESIDENCE—(See Residence.) 

LIBRARY—(See Public Library.) 

LIQUOR—(See Intoxicating Liquor.) 

LOCAL OPTION — 

Municipal .52-55 

Township . 51, 52 

LOITERING — 

Within seventy-five feet of polls.:. 40 

Within one hundred feet of polls.. 37, 121 

LOT — (See Tie Vote.) 

MACHINE— (See Voting Machines.) 

MAHONING COUNTY — 

Board of elections, in.. 91, 92 

Legal residence of inmates of infirmary. 44 

MARRIED WOMAN — 

Citizen, is deemed, when. 44 

MARSHAL — 

Process, refusing to receive or execute. 12 

MASSILLON — 

Board of education. 59 

MAYOR—(See Municipal Officers.) 

Board of elections, appointment -of; removals, etc. 116, 117 

Elections, proclamation as to. 26 

Intoxicating liquors, proclamation as to sale of. 27 

Police, to detail, on day of election. 27 

MEMBER OF CONGRESS—(See Congress.) 

MEMBER OF GENERAL ASSEMBLY — (See General Assembly.) 

MILITARY SERVICE — 

Ohio constitution — 

Person^ not considered residents of the state. 15 • 

United States laws — 

Deserters, forfeiture of citizenship by. 3, 4 

Exemption from forfeiture. 3 

Draft, avoiding, forfeiture of citizenship for. 4 

Officer bringing armed troops to places of election. 12 

Officer interfering with voter, etc.4, 12, 13 

MISDEMEANOR—(See Crimes and Offenses.) 

MONTGOMERY COUNTY — 

Polling places . .. 81 

Primary elections .34-36 

MUNICIPAL CORPORATIONS — 

Advancement .... < ...... 23, 24 

April election in municipality situated in two or more counties, ballots 

for . ....98, 99 

Board of elections — (See Board of Elections)... 116-143 

Bonds, purposes for which, may be issued; tax for redemption; submis¬ 
sion of question to voters....28-33 

Cincinnati — 

Ballots, delivery of . 100 

Board of education... 51, 60 

Infirmary, legal residence of inmates of. 44 

Polls, time for closing. 40, 134 

Primary elections, time for holding. 34 

City, advancement or reduction of. 23, 25 








































166 


INDEX. 


MUNICIPAL CORPORATIONS —Concluded. page 

Council or alderman, election to fill vacancy in. 26 

East Liverpool, registration law applicable to. 142 

Electors, who are, in... 26 

Findlay, regisration law applicable to.126-128 

Hamlet, advancement of. 23 

Election of officers of. 23 

Infirmary, legal residence of inmates, of. 44 

Local option, submission of question of.52-55 

Loitering near polls prohibited.37, 40, 121 

Massillon board of education. 59 

Mayor—(See Mayor.) 

Officers, annual election of. 26 

First election .22, 23 

Return and canvass of votes for......;... 90 

Primary elections . 34-37 

Question, submission of, to voters. 82 

Reduction ......24, 25 

Registration— (See Registration.).116-143 

Surrender of corporate rights.24, 25 

Town hall, question of erection of, to be submitted to vote. 27 

Village, advancement or reduction of..23, 24 

MUNICIPAL ELECTIONS — (See April and Special Elections.) 

Board of elections, duties and powers of, as to conduct of. .86, 114, 116-148 

Judges and clerks in certain.88, 93 

MUNICIPAL OFFICERS — 

Annual election of. 26 

Return and canvass of votes for... 90 

MUNICIPAL PRECINCTS—(See Precincts.) 

NATIONAL MILITARY HOME — 

Lawful residence of inmates. 44 

NATURALIZATION — (See Citizenship.) 

United States laws relating to.4-10 


NAVAL SERVICE — 

Deserters, forfeiture of citizenship by.3, 4 

Exemption from forfeiture. 3 

Draft, forfeiture of citizenship for avoiding.•. 4 

Officer bringing armed troops to places of election. 12 

Officer interfering with voter, etc.4, 12, 13 

Persons not considered residents of the state. 15 

NAVY—’(See Naval Service.) 

NOMINATION—(See Candidate.) 

Bribery of delegate; penalty. 75 

Candidate, of — 

Certificates and papers — 

Contents of.93-96 

Defect in, manner of correcting. 97 

Device to designate party candidates. 98 

District or circuit, in, decisions of questions as to.90, 96, 115 

Filing of ....90, 95, 96 

Printing of name of candidate on ballot when two or more 

certificates for same office filed. 94 

Forms for .v..... 92 

Objection to validity.90, 96, 115 

Offenses pertaining to ; penalty. Ill 

Preservation and inspection. 96 

Transmission of certified copies.90, 98 

Convention, caucus, primary election, committee, etc., by. 93 

Letter of withdrawal, offenses pertaining to; penalty. Ill 

Made, how .93-90 


Petition, by. 94 

Cuyahoga and Hamilton counties, in.. 95 

Substitution of candidate of other party or nominee by petition. 94 

Substitution of name and marking of ballot \yhen no nomination made 

or name of nominee omitted. 107 

Vacancy, manner of filling.92-97 

Failure of county convention to name committee for filling; county 

executive committee may act. 97 






















































INDEX. 


167 


Board of education, of election of members of.62-66 

Board of election to issue. 118 

Bonds for township and municipal purposes, of submission of question of 

issue of . 33 

Constitutional amendment, publication and charges. 83 

Divided townships, of holding elections in. 38 

High school purposes, of election on proposition to unite for.,. 69 

Precinct, of proposed change in. 93 

Presidential election, of.!. 46 

Presidential electors’ election, of..46, 4T 

Primary elections, of."v. 34 

Printing, of letting of contracts for.87, 90, 99 

Question, of submission of.... 82 

School districts, of election on proposition to change.57, 62, 63, 66 

School-house, of'election on proposition to issue bonds and levy tax for. . 64 

State and county elections, of.. 49 

Township officers, of election of.19, 20 

Turnpikes, of submission of question of general tax for ; of election of 

pike superintendent . .. .....72, 73- 

Vacancy in office of representative in congress or member of the general 

assembly, of election to fill. 49> 

NOVEMBER ELECTION — 


Expenses of, how defrayed.. 

Returns of .. .86, 

OATH — 

Board of elections, of members and secretary of. 

Challenged person, of.41, 42, 

Clerk of election, of.19, 20, 

Deputy state supervisors of elections and clerks, of...88, 

Power to administer.,..87, 

Judge of election, of.19, 20, 


Party challenger, of . 

Primary election, of judges and clerks of. 

Person challenged at, of. 

Supervisor, of . 

Registration law, of person challenged under. 

OFFENSES— (See Crimes and Offenses.) 

OFFICE — 

Ohio laws — 

Convict incompetent to hold... 

Forfeiture of, for giving bribe......... 

Power of general assembly as to eligibility for. 

United States laws — 

Deserters or persons avoiding draft incapable of holding.3, 

United States, under, conspiracy to prevent accepting or holding. 

United States, under, disqualifications for holding.. 

OFFICER—(See Military Service; Naval Service; Public Officer: Various 
Officers.) 

OREGON — 

Citizenship of persons born in.;. 

ORGANIZAION — (See Various Officers.) 

Original surveyed townships, of. 

ORIGINAL SURVEYED TOWNSHIP — 

Officers, election and term of, etc....16, 

Exception as to election of.. 

Organization and incorporation of.. 

PARDON — 

Convict, of, restores rights. 

PASTERS — 

Vacancy after printing of ballots, in case of. 

PENALTY — 

Ohio laws — 

Assessment for legitimate expenses as to.. 

Ballot — 

Custody or delivery of. offenses pertaining to. 

Destroying . 


98 

114 

117 

129 

89 


89 

105 

34 

36 

34 

129 


74 

114 

14 

4 

12 

13 


3 

16 

17' 

92 

16 

74 

97 


78 

110 

77 















































168 


INDEX. 


PENALTY — Continued. page 

Ohio laws — Concluded. 

Ballot — Concluded. 

Marking, or printing, distributing, or voting, unlawfully written 

or printed .. ; .. 45, 78 

Possession of, unlawfully obtaining or attempting to obtain.... 77 

Preparation and casting of, offenses pertaining to.•• • 1H 

Printing or use of, Offenses pertaining to. 45, 78, 110 

Ballot-box — 

Destroying .:... : . 77 

Possession of, unlawfully obtaining op attempting to obtain.... 77 
Ballots, blanks, poll-books, cards of instruction, etc., offenses per¬ 
taining to custody or delivery of. 110 

Betting on election. 74 

Bribery — 

Delegates or electors, of.. 75 

Giving bribe; forfeiture of office for. 112, 114 


Certificates of nomination, letters of withdrawal, ballots, cards of 
instruction, supplies for marking ballot, delaying voter, etc., 

offenses pertaining to... HI 

Clerks of election — 

Misconduct of. 77 

Misleading voter or disclosing how he voted. Ill 

Refusing to serve or perform duties. 19 

Separating or leaving polling place during certain period. 110 

Deceiving an elector who cannot read.. 76 

Deputy state supervisor of elections or clerk, violation, neglect, or 

wrong performance of duty, or disobedience, by. 91 

Fraudulent voting . 77 

Interfering with casting of ballot. ' .. . . 45 

Intimidating voter, or impeding or preventing free exercise of elective 

franchise . 113 

Intoxicating liquors, selling or giving away, or keeping place where 

sold open on election day. 74 

Judges of election—: 

Misleading voter or disclosing how he voted. Ill 

Offenses by . 77 

Refusing to serve or perform duties. 19 

Separating or leaving polling place during certain period. 110 

Local option in townships, violation of act providing.:. 51 

Loitering near polls. 37, 40, 121 

Poll-book and tally-sheet — 

Custody or delivery of, offenses pertaining to. 110 

Destroying . 77 

Fraudulent writing on. 78 

Possession of forged or altered, with fraudulent intent. 78 

Primary elections — 

Attempting to intimidate judges or electors at. 75 

Bribes, offering, for voters at. 75 

Omission of duty and fraudulent voting. 75 

Penalties as to. 30 

Procuring an elector to go,or come into a county of which he is not a 

resident to vote. 70 

Procuring illegal vote.'. 70 

Public officer, violation, neglect, or wrong performance of duty, or 

disobedience by . H 2 

Refusal of employer to permit employe to vote. 113 

Register, damage or destruction of. 119 

Registrar failing to perform duties. 119 

Registrar, judge or clerk of election failing to appear for examination’ 

or refusing or neglecting to qualify. 119 


Registration precincts, refusal or neglect to perform certain duties in 114 
Voting — 

Fraudulent . * .. 77 

More than once at same election. 73 


t 















































INDEX. 


169 


% 


PENALTY — Concluded. 

Voting — Concluded. 

Not being a resident of this state. 

Not being a resident of the county thirty days.. 

Not being a resident of the precinct twenty days. 

Without a residence of one year; not being twenty-one years of 
age; not a citizen; convicted of crime and not pardoned.... 
United States laws — 

Armed troops at polls, unlawful presence of. 

Citizenship, forfeiture of.3, 

Civil rights cases, obstructing execution of process in. 

Conspiracy — 

Civil rights, to injure or intimidate citizens in the exercise of... . 

Equal protection of the laws, to deprive any person of the. 

Office under United States, to prevent accepting or holding.... 

Dep riving citizens of civil rights under color of state laws. 

Intimidating voters by bribery or threats. 

Intimidation of voters by officers, etc., of army or navy. 

Marshal refusing to receive or execute process. 

Naturalization, violation of laws in reference to. 

Officer of army or navy interfering with officer of election, etc. 

PENITENTIARY — 


Eligibility of person who has been imprisoned in. 

PERJURY — 

Forfeiture of elective franchise by reason of conviction of 
POLICE — 


Arrest of judge failing to make return, in certain counties 

Assignment of, on election day... 

Cincinnati, delivery of ballots in. 

Duty in cities having registration...... 

Loitering near polls, duty as to... 

Mayor to detail, on election day. 

. Obey and aid judges of election, shall; penalty. 

POLL-BOOK — 


April and other elections in certain cities, address and delivery in. 

April or special election, returns of certain officers voted for at. 

Board of education, separate, in election for members of. 60, 

Certification of, in certain cities.... 

Custody or delivery of, offenses pertaining to; penalty. 

Delivery and preservation of, in counties containing cities of the first class 

Delivery of, to election officers.. 

Delivery of, at polling places.. 

Destroying; penalty . * . 

Disposition of, in cities. 

Forged or altered,possession of, with fraudulent intent; penalty. 

Form for . 

Want of form shall not invalidate election. 

Fraudulent writing on; penalty.. 

Furnishing of .. 

Lost or destroyed, replacing of. 

Paper to be received as.. 

Primary election, of. 

“Sworn,” when word, to be entered on. 37, 

Township school district, separate, in election on proposition to change. . 

Township school district, separate, on proposition to centralize. 

Township subdistrict, in elections in. 

Transmission and preservation... 

Village school districts, return in.. 

POLLS — 

Ohio laws — 

Ballot-boxes, inspection of, before opening of polls. 40, 

Candidates and their friends permitted in polling room; penalty 37, 40 
Interference with voters. 


Loitering near .37, 40, 

Opening and close of..... 40, 


Packages of supplies, breaking of seals of, etc., at opening of polls.. 


PAGE 

76 

76 

76 

76 

12 

4 

11 

11 

12 

12 

11 

4 

12 

12 

8-10 

13 


74 

44 

80 

136 

100 

121 

40 

27 

121 


139 

50 

61 

135 
110 

80 

100 

90 

77 

136 

78 
92 
46 
78 
37 

100 

39 

34-36 

43 

57 

71 

64 

110 

62 


133 
, 77 

45 

121 

134 
101 





















































170 


INDEX. 


POLLS — Concluded. PAGE 

Ohio laws — Concluded. 

Primary elections, time for opening and closing in. 34, 36 

Vacancy in office of judge or clerk at opening of. 19, 85 

United States laws — 

Armed troops to keep peace at. 12 

PRECINCT COMMITTEEMEN — 

Challengers, appointment of. 105 

PRECINCTS — 

April election, duty of board of elections when ward or precinct changed 

before . 140 

Composed, how; where elections to be held. 38 

Counties containing cities of the first class, in. 79-81, 114 

Division, rearrangement, combination, etc.92, 93, 116, 118 

Municipal — 

Council to designate. 26 

Township— 

Divided, notice of elections in. 38 

Trustees to fix place of, etc. 18 

PRESIDENT—(See Presidential Elections.) 

PRESIDENTIAL ELECTIONS — 

Canvass of returns by secretary of state. 46 

Certificates of election of electors. 46, 47 

Certificates of electors of all electors elected. 48 

Contest of electors’ election.46-48 

Electors of president and vice-president to be elected; who eligible. 46 

Fees and mileage of electors. 48 

Meeting of electors in Columbus. 48 

Notice of electors’ election.. 46, 47 

Notice to governor of his presence, each elector to give. 48 

Proclamation of . 46 

Registration, general, required at.... 127 

Tie vote for electors. 46, 48 

Vacancy in office of elector. 48 

PRESIDENT OF THE SENATE—(See General Assembly.) 

PREVIOUS CONDITION — 

Not to affect right to vote.. 4 

PRIMARY ELECTIONS — 

Candidate or representative, presence of, during receipt and count of 

ballots . 37 

Canvass of result .34-36 

Certificate of election of candidate. 35 

Challenges . 36 

Cincinnati, time of, in. 34 

Dayton . 34-37 

Gallia county . 34 

Judges and clerks. 34-37 

Loitering, soliciting, etc., within 100 feet of polls in municipality. 37 

Montgomery county .34-37 

Notice of . 34 

Offering bribes for voters at; penalty. 75 

Omission of duty and fraudulent voting; penalty. 75 

Penalties .,.... 36, 75 

Poll-books and tally-sheets. 35 5 36 

Polls, time for opening and closing..34-36 

Proxy, misdemeanor for delegate to give. 36 

Qualifications to vote at... 34 

Supervisors of .34-36 

Time, place, manner of holding, etc. 34-36 

PRINTING—(See Notice.) 

Ballot, of name of candidate on, when two or more certificates for same 

office filed . 94 

Ballot, of, offenses pertaining to; penalty. 11 # 

Bond of bidder for . 99 , 10 # 

Contracts for . 99 

Publication of notice of bids for; contracts, etc.87, 90, 09 


\ 























































INDEX. 


171 


PAGE 

26 

46 

49 


112 


PROCLAMATION — 

Mayor, of, as to elections. 

Presidential election, of. 

State and county elections, of 

Vote cast in certain cities, of; result of count. 135 

Vote cast, of. 109 

PROSECUTING ATTORNEY — 

Election laws, to prosecute for violations of.91 

PROSECUTION— (See Crimes and Offenses.) 

PROXY — 

Convention, unlawful in... 36 

PUBLICATION—(See Notice.) 

PUBLIC ELECTIONS — 

Held and conducted, how.85, 92 

PUBLIC LIBRARY — 

Submission of question in townships. 21 

PUBLIC OFFICE — 

Nominations of candidates for. 93 

PUBLIC OFFICERS — 

Conduct of elections of..85, 92 

Violation, neglect, or wrong performance of duty, or disobedience, by; 

penalty. 112 ' 

QUALIFICATIONS — (See Various Officers.) 

Ohio laws — 

Challenges—(See Challenge).36, 41-43, 105, 125, 129, 133, 134 

Elector, of, under Ohio constitution. 14 

Primary elections, of voters at. 


34 

Registration—(See Registration).116-143- 

Residence— (See Residence).43, 44 

United States laws — 

Officer of army or navy not to prescribe.4, 12, 13- 

Race, color or previous condition not to affect right to vote. 4 

QUESTION — 

Ballot, marking of. 107 

Number of votes necessary to authorize performance of act when statute 
providing for submission of, is silent; submission of, when special 

election not provided for. 82 

Separate ballot and ballot-box in case of submission of. 102 

RACE — 

Not to affect right to vote..... 4 

REDUCTION— ' 

City or village, of.24, 

REGISTRARS—(See Registration.) 

REGISTRATION — (See Board of Elections.) 

Absent, elector who will be, of. - .124, 

Absent, elector who is, of..124, 125, 

Challenge of such, elector. 125 

Applicable, to what cities. 116 

Applicant for— . 

Challenge, oath and examination in case of 

Examination of. 

Oath of . 

Signature of; by mark. 129 

Who to be received as. 128 

April election, etc., for. 138-146 

Absent . 139 

Changes or additions in registers. 139 

Days for . 

Hours for 

New ward or precinct. 149 

Orders for, by board of elections... 139 

Sick or disabled . 139 

Ballot-box, location of, on election day.. 134 

Board of elections, by order of.132, 


25 


139 

139 


129 

129 

129 


139 

139 


139 


Certificates in case of involuntary mistake in registering. 136 

Certificates in case of removal or mistake.. .126, 131, 132 

Certificate of removal when question of issue of bonds submitted to voters 31 
“Challenged,” entry of, on register.129, 133- 
















































172 


INDEX. 





REGISTRATION — Continued. 

Challengers, designation, rights and privileges of. 

Cities to which provisions applicable. 

Close of day’s; attestation. 

Close of, by secretary of board of elections. 

Corrections....;. •'. 

Crimes and offenses, and penalties therefor — 

Acting as officer of election without appointment, etc. 

Ballots, distributing, or having in poll-room. 

Counterfeiting resignation certificates, statements, etc. 

Destroying or concealing certificates or statements. 

Distributing or having ballots in poll-room. 

Judge permitting unlawful ballots in box. 

Neglect of duty by officers of election... 

Neglect to forward notice of substitute judge..'. 

Neglect to qualify, or serve as judge, clerk or registrar... 

Perjury before registration officer.. 

Registration — 

Counterfeiting . 

Falsely registering.'. 

Inducing same. 

Hindering. 

Permitting or inducing false. 

Personating another . 

Procuring unlawful erasure. 

Refusing registration to person qualified. 

Wilfully refusing to perform certain duties. 

Days for .124, 

Examination of applicant.. 

Expenses of, how paid..118. 

Findlay, provisions applicable to.126 

General, required every four years in cities of the second class. 

Hindering electors, soliciting votes, etc. 

Hours for.128, 

Involuntary mistake, certificate in case of.. .. 

Lists, alphabetical ...181. 

Bound volumes of, by board.. 

Duplicates in books for use election day. .. 

Form; comparison of; certificate to; changes in.131, 

Pamphlets containing. 

Posting of.. 

Registrars to make and certify.131, 

Loitering within one hundred feet of polls prohibited. 

Manner of making; questions to be answered..._.128, 

Meeting of registrars and judges on evening before election; duties,. 

Mistake in, how corrected. 131, 

New elector, of, in cities of the second class.. 

Not required in precincts outside of cities, in counties containing cities 

of the first class .... 

Oath of applicant for. 

Places of . # . 

Polls, opening and close of.. 

“Registers of electors;” contents; form. 121 

Changes or additions in, at April election. 



PAGE 

133 


116 


130 


125 


132 


142 


141 


142 


142 


141 


141 


141 


142 


119 


141 


142 


140 


140 


141 


140 


141 


141 


140 


121 

124, 

139 

1 90 

118, 

1 Lv 

138 

. . 126 

-128 


125 


121 

128, 

139 

136 


132 


132 


132 

131, 

132 

132 


132 

132 
121 
129 

133 
132 
125 

79 

129 

118 

134 
-123 


Corrections; noting of changes. 

Custody of, when not in use.. . . 

Damage or destruction of; penalty.. 

Entries in . 

Registrars — 

Absent elector, registration of...124. 

Applications for registration, canvass of precincts, report to board 

Appointment; term; qualifications; oath. 

April, and other elections, as to.... 

Certificate of appointment. 


Duties, failure to perform ; penalty. 






139 


130 

1 QO 


loJ 

130 


119 


129 

135, 

129 

etc. 

126 

119, 

120 


140 


120 

118, 

138 


119 

128, 

140 
































































INDEX. 


173 

REGISTRATION — Concluded. page 

Registrars — Concluded. 

Election day, duties on. 134 

Examination, appearance for; penalty for failure to appear, or refusal 

or neglect to qualify. 119 

Exemption from jury and military duty. 120 

Powers and duties as peace officers.120, 121 

Registers, maps, instructions, etc., to apply for. 123 

Removal . 120 

V Heaney . 120 

Removal certificate, application for; registrars’ duties.126, i3i, 132 

Secretary of board of elections, by.124, 125, 139 

Sick or physically disabled, of, by affidavit..130, 139 

Voters required to register in cities.116, 130 

Who shall be registered. 130 

Witness, designation, rights and privileges of. 133 

Women, registration of . . .>. 56 

REMOVAL— (See Various Officers.) 

Board of elections, of members of....116, 117 

Deputy state supervisors of elections, of... 86 

REPRESENTATIVE — (See Congress; General Assembly.) 
REPRESENTATIVE DISTRICT—(See District.) 

RESIDENCE — 

Head of family . 43 

Infirmary inmates .*.. 44 

Questions to be heard and determined by judges. 44- 

Registration required in cities.116, 130 

Residents of this state, persons not considered. 15 

Rules to govern*judges in determining.43, 44 

Soldiers’ home inmates . 44 

Time of, required . 43 

Voting, illegal; penalties .75, 76 

Voting purposes, for....43, 44 

RESIDENT—(See Residence.) 

RETURNS OF ELECTIONS — 

Adjustment of discrepancies. 137 

Advancement or reduction of city or village, return of vote on.23, 24 

April or special election, returns of certain officers voted for at. 50 

Board of education, return of vote for members of.60, 66, 90 

Counties containing cities of the first class, and first grade of the second 

class, in. 80 

Deputy state supervisors of elections, opening and canvass of, by v 38, 82, 90’ 

Forged or altered poll-books or tally-sheets, possession of, with fraudu¬ 
lent intent; penalty. 78 

Fraudulent writing on ; penalty. 78 

High school, on proposition to unite districts for. 69 

Justices of the peace. 90 

Making, transmission and preservation. 110 

Municipal officers ..26, 90 

November election ..86, 114 

Officers in townships, other than those for..38 

School land, on sale of. 18 

Township officers .50, 90 

Township school district, on proposition to change. 57 , 

Turnpikes, on question of general tax for.72, 73 

Validity of, deputy state supervisors not to decide on. 39 

RIGHT OF SUFFRAGE — 

Ohio laws — 

Convict, as to rights and competency of; penalty.74, 76 

Exclusion from, for receiving bribe.-.. 114 

General assembly, power of, as to forfeiture of. 14 

Idiot or insane person excluded from... 15 

Ohio constitution, under...,..14, 15 

Women, rights of.. 56 

United States laws — 

Crimes against elective franchise.10-13 

Interference with, by army or naval officer..4, 12, 13 

Race, color or previous condition not to affect. 4 























































174 


INDEX. 


ROAD SUPERVISORS — page 

Election: qualifications, etc.*...'20, 21 

Supervision of election, exception as to. 85 

SAILOR—(See Naval Service.) 

SALARY — (See Fees.) 

SCHOOL DIRECTORS — 

Subdistricts, election in, etc.ff. . .64, 65 

Supervision of election, exception as to.85, 92 

Women, rights of . 56 

SCHOOL DISTRICTS—(See School Elections.) 

City districts of the second class. 56 

Classification . 56 

SCHOOL ELECTIONS — 

Centralization, submission of question of...69, 71 

Change of township district to village district. 57 

City districts of the first grade of the first class..57, 60 

City districts of the first class other than first and second grades.58-60 

City districts of the second class.60-62 

High school purposes, union of districts for. 69 

School directors, exception as to election of.'...85, 92 

School-house , as to levy of tax and issue of bonds for. 68 

Schools, submission of question of additional levy for. 68 

Special districts. . . .65-66 

Township districts .64, 65 

Village districts..60-63 

Women, rights of. in. 56 

SCHOOL-HOUSE — 

Submission of question of tax and bonds for. 68 

SCHOOL LANDS — 

Vote on sale of; deposit of returns. 17 

SECONDARY STUB—(See Ballot.) 

SECRETARY — (See Board of Elections.) 

SECRETARY OF STATE — 

Abstracts in 'elections to fill vacancy in office of member of congress.... 39 

Abstracts of election, copies of, to be forwarded to.39, 82 

Ballot, form of.101-104 

Canvass of returns for presidential electors.. . . 46 

Certificates of election and commissions; fee. ...T 115 

Certificates of nomination and nomination papers — 

Defect in, manner of correcting. ' 97 

Filing of ...90, 95, 96 

Printing of name of candidate on ballot when two or more certi¬ 
ficates for same office filed. 94 

Objections to validity of.90, 96 

Transmission of certified copies.90, 98 

Contest for presidential elector’s election, as to..46-48 

Deputy state supervisors of elections, appointment, qualification, terms 

and removal of..85, 86 

Duties, general. 89, 90 

Election laws, coll tion, publication and distribution of. . . 87 

Forms for guidance of deputy state supervisors of elections. 92 

Prosecution for violation of election laws.91, 112 

Questions to be decided by,.90, 96 

State supervisor of elections, ex officio, is; duties. . 85 

Tie vote for presidential electors. 46 

Vacancy on ticket, manner of filling. 89 90 97 

SECTION SIXTEEN — 

Submission of question as to sale of; returns. V .. 17 18 

SENATE—(See General Assembly.) 

SENATOR— (See General Assembly.) 

SENATORIAL DISTRICT— (See District.) 

SHERIFF — 

Arrest of judge for failing to make return, in certain counties. 80 

Loitering near polls, duty as to.. 41 121 

Obey and aid judges of election, shall: penalty.] 121 

Presidential election, proclamation of. 46 

State and county elections, proclamation of. 49 

Vacancy in office of representatives in congress or member of general as¬ 
sembly, notice of special election to fill.. 49 



















































INDEX. 


\ 


175 

SOLDIERS—(See Military Service.) page 

Inmates of soldiers’ home, lawful residence of. 44 

SOLDIERS’ HOME—(See National Military Home.) 

SPECIAL ELECTIONS— (See April and Special Elections.) 

Notice for proposals for printing for. 99 

Vacancy in office of representative in congress or member of general as¬ 
sembly, to fill . 49 

STATE ELECTIONS — 

Proclamation and time of...49, 50 

STATE OFFICERS — 

Certificate of election and commission; fee. 115 

Election of, proclamation and time of. 49 

STATE SUPERVISOR OF ELECTIONS — (See Secretary of State.) 

Secretary of State, ex officio, is; duties. 85 

STUB —• (See Ballot.) 

SUFFRAGE— (See Right of Suffrage.) 

SUMMIT COUNTY— 

Board of elections in!.91, 92 

SUPERVISOR OF ROADS—(See Road Supervisors.) 

SUPERVISORS OF ELECTIONS—(See State Supervisor of Elections; 
Deputy State Supervisors of' Elections.) 

Primary elections, supervisors of.34-37 

Attempting to intimidate; penalty. 75 

Omission of duty ; penalty. 75 

SURRENDER OF CORPORATE RIGHTS — 

Municipal corporations, by; proceedings.24, 25 

TALLY-SHEET — 

Copies, making, transmission and preservation of. ... 110 

Delivery of, to election officers... 100 

Forged or altered, possession of, with fraudulent intent; penalty. 78 

Form for. 92 

Fraudulent writing on; penalty. 78 

Furnishing of. .. 37 

Lost or destroyed, replacing of.100, 101 

Primary elections, of . 34-37 

Township su.bdistricts, in. 64 

Village school districts, return in. 62 

TAXATION — 

Bonds for township and municipal purposes", for redemption of; submis¬ 
sion of question to voters..31, 33 

Elections, levy for expenses of. 87, 98 

School-house, submission of question of levy of tax for. 68, 70 

Turnpikes, submission of question of general tax for. 72, 73 

TERM OF OFFICE—(See Various Officers.) 

THREATS — 

Intimidating voters by. 10 

TIE VOTE — 

Director and subdirector, for. 65 

County officers, for. 49, 50 

General assembly, for members of. 49, 50 

Municipal officers, for. 27 

Presidential electors, for. 46, 48 

Township officers, for.. 20 

TOWN HALL — 

Erection, question of, to be submitted to vote. 27 

Purchase, question of, to be submitted to vote; levy for. 19 

Township trustees may purchase site and erect. 19 

Union, corporation and township may build. 28 

TOWNSHIP—(See Township Trustees.) 

Local option ..... — ... 51, 52 

Officers of; when trustees may appoint. 21 

Original surveyed — 

Officers, election and terms of. 16, 17 

Exceptions as to election of officers. 92 

Organized, when, may be. 16 

Question, submission of, to voters. 82 












































176 


INDEX. 


TOWNSHIP CLERK—(See Township Officers.) page: 

Ballot-boxes, duty as to. 37 

Board of education, is member of... 64 

Booths, guard-rails, etc., duty as to. 104, 106 

Canvass of vote for township officers. 90 

Election and term.•. 20* 

Local option election, record of. 51 

TOWNSHIP ELECTIONS — 

Held, where and how; returns of. 50, 90- 

TOWNSHIP OFFICERS—(See Township Clerk; Township* Trustee -.) 

Elections for, where and how held; returns of. 50, 90- 

Return and canvass of votes for. 90 

Trustees may appoint, when. 21 

TOWNSHIP PRECINCT—(See Precincts.) 

TOWNSHIP TREASURER—(See Township Officers.) 

Election; term, etc. 20 

TOWNSHIP TRUSTEES—(See Township Officers.) 

Bonds, purposes for which may issue; tax for redemption; submission 

of question to voters.....28-31 

Divided townships, notice of holding elections in. 38 

Election; term, etc. 20 

Elections, levy for expenses of... 98 

Hearse, to submit question of purchase of. 21 

Local option .. 51, 52: 

Order of elections, to preserve. 19 

Original surveyed township, first election in. 16 

Places of holding elections, to determine. 18, 19, 38 

Public library, to submit question of. 21 

Section sixteen, duties as to sale of. 17, 18 

Town hall, may purchase or l,ease site and erect.... 19 

Township officers, appointment of. .21 

Notice of annual election of.19, 20 

Township school district, duty as to change of. 57 

TROOPS — 

Bringing armed, to places of election.. 12; 

TRUSTEE'S— (See Township Trustees.) 

Hamlet, of—(See Municipal Corporations.) 

Advancement, duties as to._. 23, 24 

Bonds, purposes for which may issue; tax for redemption; submis¬ 
sion of question to voters. 28-31. 

TURNPIKES — 

Questions of general tax for, to be submitted to electors...72, 73' 

UNITED STATES—(See Citizenship.) 

UNITED STATES MARSHAL— (See Marshal.) 

VACANCY—(See Various Officers.) 

Ballot, after printing of, how filled. 97 

Board of education, in.57, 60, 65 

Board of elections, in, how filled.. 117 

Clerk of election, in office of.:. 19, 88 

Congress, in office of representative in; how filled. 49 

Abstracts in such case... ... .. 39 

Council or alderman, in office of, election to fill. 26 

Deputy state supervisors of elections, in board of, how filled. 86 

General assembly, in office of member of... 49 

Judge of election, in office of. 19, 88 

Presidential elector, in office of. 48 

Ticket, on, when committee may fill.93, 94, 97, 98 

Manner of filling. ' 90, 98 

Substitution of candidate of other party, or nominee by petition. 97 

Substitution of name and marking of ballot when no nomination is made 

or name of nominee omitted. 107 

VICE-PRESIDENT—(See Presidential Elections.) 

VILLAGE—(See Municipal Corporations.) 

VOTE—(See Ballot; Canvass; Challenge; Right of Suffrage; Tie Vote.) 
Number necessary to authorize performance of act when statute providing 

for submission of question is silent. 82 

Person may absent himself from employment to. 113- 

Who may .. 14 


















































INDEX. 


177 


VOTER—(See Citizenship; Elector.) page 

VOTING— (See Ballot; Crimes and Offenses.) 

VOTING MACHINES — 

Commission to examine. 144 

Purchase and use of, in elections...144-148 

VOTING SHELVES—(See Booths and Guard Rails.) 

WARD PRECINCT—(See Precincts.) 

WITNESS — 

Competent, in prosecutions for bribery, intimidation, or impeding or 

preventing free exercise of elective franchise. 114 

Registration, in cities having. 133 

WOMAN—(See Married Woman.) 

School elections, rights in...... 56 


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